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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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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: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
this is 106 in breath?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
What caused them to stop you?
Customer: replied 2 years 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 2 years ago.

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

Expert:  Jo C. replied 2 years 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 2 years ago.

thank you.

Expert:  Jo C. replied 2 years 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.