It is common knowledge that to drive on a UK road with excess alcohol in your system, more than 35 micrograms of alcohol per 100 milliliters of breath, in a criminal offense.
Anyone convicted of driving with excess alcohol in their system will be disqualified from driving for a minimum of 12 months. If the person has had a similar conviction within the last 10 years then the driving disqualification will be for a minimum of three years.
The total length of the ban will depend on several factors the most important being the amount of alcohol within the system. As the minimum disqualification is mandatory any hardship such as loss of employment due the ban will not be taken into account.
Certain “special reasons” however can be used to argue against a disqualification. For example maybe the driver in question has moved their vehicle only a short distance, from roadside to driveway or may have been dealing with a true emergency. Although technically this is enough to warrant prosecution it may be possible to argue “special reasons” not to disqualify. Such “special reasons” however can not guarantee a ruling against a ban. The law here is complex and each case can only be judged on a case to case basis.
It is not so widely known that a driver can also quite easily be prosecuted for being drunk in charge of a vehicle. The law states that anyone who is in charge of a vehicle on a road or other public place having consumed excess alcohol is guilty of this offense. This can lead to a discretionary ban, a fine or ten penalty points. You can be charged with this offense for simply having the keys to a vehicle whilst having excess alcohol in your system. This means if you sleep in a parked car whilst having consumed excess alcohol you can be charged. Even sitting in your car with excess alcohol in your system is enough to get you arrested. You only defense if you are arrested for this is to prove that there was no likelihood of you driving the vehicle whilst excess alcohol was still in your system.
These two offenses can be committed either on a road or other public place. This means any area the general public have access too. This could be pub car parks or shopping car parks. Even private roads have been held to be “other public places”.
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Article Source: http://EzineArticles.com/?expert=Richard_M_Jenkins
I am doing research about DUI Laws. How did the laws
to charge citizens with DUI for non moving DUI’s get
passed in legislation? Was it a bill made by the Republicans
or the Democrats?
These Laws are almost like perjury in that they convict
a citizen of being a criminal when in fact the vehicle is not
moving and the stiff penalty is DUI.
How does a civilian get convicted of standing near a burning
building and be charged with arson when in fact they did not
set the fire?
This is the same with the non moving vehicle and the sitting
or standing intoxicated citizen being charged with DUI.
The punishment does not fit the crime and the fines are beyond
the terms of reasonable conditions for individuals who will lose
jobs and families and also even be outcasted by society for not
even driving a vehicle.
Please reconsider these stiff penalties and rewrite the nonmoving
DUI vehicle Laws for the future of America.