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It is possible that your solicitor can claim mitigating circumstances to reduce the penalty in court, but this may only be possible if you have sought early legal advice. You may be stopped by the police if they have grounds to believe that you have been drink-driving or are about to commit a drink-driving offence. They may also stop you if they suspect that you have been involved in a road traffic accident. It is an offence to refuse to give a breath sample at the roadside, or a blood or urine sample back at the station. Such samples can only be taken with your consent, but the penalties should you refuse are often more severe than if you had cooperated in the first instance. Only a doctor can take a blood sample from you at the station. 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. You are committing an offence if you are driving over the limit but also if you are in charge of a vehicle. This can mean being near your vehicle with the key, attempting entry to the vehicle or demonstrating intent to drive in some other way. You also commit an offence if you are in the car and the person driving has a provisional licence as you are deemed in charge of the vehicle in those circumstances. Drink-driving campaigns at Christmas mean that the police will often test at the road side. Although they must still have grounds to suspect that you have been drinking in order to request a test. Being at a party or admitting to having had a drink earlier in the day are sufficient grounds for requesting a test.
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