If you were arrested for drink driving before 10 April 2015 but you provided a borderline breath test (anything below 51µg in breath), the police had to offer the option of replacing your breath test with a blood or urine test. In drink driving borderline cases the police can choose which of these methods are used. This option was referred to as “The Statutory Option” and was originally introduced in the 1980’s when evidential breath testing devices were relatively new and their accuracy was questionable.
On 10 April 2015 the statutory option was discontinued as the government considers the evidential breath testing equipment to be reliable enough to do away with this additional safeguard. However, the team at Geoffrey Miller Solicitors have encountered hundreds of case that would suggest reliability of breathalyser machines is a major issue, particularly in borderline drink driving cases.
Managing Director, Jeanette Miller is seen on the video below discussing the government’s proposed changes to drink driving laws to close the “drink driving loopholes” they consider to be allowing too many drivers avoid prosecution. This was before the changes to the laws were implemented. Check out the video below or read Jeanette Miller’s thoughts on the change in borderline drink driving laws in this drink driving blog.
Even though the law has changed in relation to borderline drink driving readings, the team at Geoffrey Miller Solicitors remain confident of successfully defending drink driving charges of all types. Borderline reading cases are far less complex than some higher reading cases and of course, they carry different risks and concerns for our clients.
However, even when a client’s drink driving reading is borderline, unless the charge is defended, it carries a drink drive ban of a minimum of 12 months for a first time offender and a 3 year ban for a repeat offender.