How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70127
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I was arrested last week with excess alcohol. the

Customer Question

i was arrested last week for driving with excess alcohol. the roadside reading was 40 for breath. Taken to the police station, i was breathalised again. the reading was 106. the limit is 35. What arte the likely penalties for this? I have a clear driving record.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
this is 106 in breath?
Customer: replied 1 year ago.


Expert:  Jo C. replied 1 year ago.
What caused them to stop you?
Customer: replied 1 year ago.

i had a burst tyre, and was driving hoping to find a garage. I think i was going about 10 mile per hour. On the charge sheet there was no mention of dangerous driving.

Customer: replied 1 year ago.

sorry but i dont think i had a reply to that.

Expert:  Jo C. replied 1 year ago.
No, it isn't enough to get over that hurdle but the fact of a vehicle defect may aggravate the offence. It depends whether they pick up on it. Often they don't.
That said, this is a high reading. 106 in breath takes the matter immediately into a starting point of a medium level community order which would probably involve either unpaid work, curfew or some form of alcohol order. There will also be a ban of between 23 - 28 months. there will be costs of £85 if you plead at first instance, a court charge of £180 and the victim surcharge of roughly 10% of the fine.
If they offer the drink driving course then you can reduce the ban period by one quarter.
Do not drive to court. They will ban you and you will be unable to drive home.
Can I clarify anything for you?
Customer: replied 1 year ago.

thank you.

Expert:  Jo C. replied 1 year ago.
No problem.

The only thing is that 40 - 106 is a gap that I have never seen ever.

It might be worth checking that isn't a blood reading as that would change the outcome.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice