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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9801
Experience:  I have been practising for 30 years.
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I have recently been charged with drink driving, breath test

Customer Question

I have recently been charged with drink driving, breath test 121 and am devastated and disgusted in myself and family are disappointed... I have never been charged with anything in my life. I have been given bail to appear on the 21st July. I live by myself with my 16yr old daughter and have googled everything and am sick with worry I will go to prison, losing my job and home.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Do you have any previous convictions?

What are they?

How long ago?

What penalties?

Customer: replied 1 year ago.
I have no previous convictions at all.
Customer: replied 1 year ago.
sorry 1st July,
Expert:  F E Smith replied 1 year ago.

As you appreciate, you will lose your licence for at least 12 months. That is compulsory. You will also get a substantial fine of several hundred pounds.

The limit, as you will be aware, in England & Wales is 35 µg per 100 mL of breath. If you blew 121 you are almost 3 ½ times the limit.

The maximum fine is up to £5000 plus a potential prison sentence of six months. If you were caught drink-driving more than once in the 10 year period, you would be banned for a longer period, usually three years.

There was a case a couple of years ago were a lady recorded a reading of 123 (not far from where you are). She was banned for driving for 30 months and had an eight week prison sentence imposed which was suspended for 12 months. Here is the article:

http://www.coventrytelegraph.net/news/coventry-news/suspended-sentence-holbrooks-woman-35-3013845

the suspended sentence means that provided you are not convicted of anything else in the next 12 months, you would not serve that sentence. If you had previous convictions for drink-driving, the sentence would be unlikely to be suspended.

So that’s the kind of penalty that you are potentially looking at.

Can I clarify anything for you?

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Best wishes.

FES.