Do I have to give a blood sample if I've been stopped for drink driving?

You are committing an offence if you drive or are in charge of a vehicle whilst over the legal alcohol limit or if you are stopped by the police and refuse to give a breath, blood or urine sample. The definition of being in charge of a vehicle is open to interpretation but includes being in or near your vehicle with the key, or attempting to gain entry to your vehicle. The legal alcohol limit in the UK is 35 micrograms of alcohol per 100 ml of breath, or 80 milligrams per 100 ml of blood.

When stopped at the roadside the police are entitled to ask you to take a breath test. If you test positive or refuse the police can arrest you and take you to the police station for a blood or urine test. Only a doctor can take a blood sample from you with your consent. You are entitled to refuse but doing so is an offence which carries the same punishment as if you had been convicted of driving whilst over the legal alcohol limit. Your solicitor can advise you on your rights whilst in police custody.

Penalties for conviction include a 12 month ban and typically a financial penalty which varies depending on whether it was your first offence. The maximum penalty for drink driving is 6 months in prison and a £5000 fine. Bans can also be extended at the courts discretion. The penalties for refusing to give a sample are typically more severe as you have failed to cooperate.

Article Source: http://www.onlinearticlessite.com

If you would like to read more about accident, advice legal or advice free please visit FindLaw.co.uk Solicitors and Lawyers.

Please Rate this Article

5 out of 54 out of 53 out of 52 out of 51 out of 5 

Not yet Rated