Around 460,000 breath tests are conducted each year, with some 59,000 people providing a positive reading. Approximately 6,000 people provide a positive reading at the roadside but later are found to be under the limit when tested at the police station - this change will see those people prosecuted. In many instances these will be people who have 'gambled' on the quick lunchtime drink or have not allowed quite enough time to sober up from the night before.

The changes will also reduce the scope for so-called ‘loophole defences’, popular due to the complexities of the police station procedure. It is expected that decades of case law will become redundant once the new devices have been rolled out. Experience tells us however, that as one legal challenge closes, another pops up!

The penalties for drink driving are severe, with minimum periods of disqualification, high financial penalties and punishing insurance premiums for many years to come. In many cases, offenders face the loss of employment. 'One for the road' often comes at a very high price.

How can we assist?

We are experts in all aspects of drink and drug driving law. This is one of the most complex areas of criminal law, and early advice should be sought in order to achieve the best outcome. Contact Rob Barley on 01502 533020 or email

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