drink drive limit
Author
Discussion

williaa68

Original Poster:

1,540 posts

196 months

Thursday 22nd March 2018
quotequote all
A friend and I met for a quick drink on Saturday evening last week. We had the same amount to drink - one 125mm glass of white wine @ 13.5% ABV and another glass at 13% ABV over the course of about an hour / 75 mins. We then got the train home. He got off the stop before me and skidded gently into another car in the station car park, which apparently wasnt properly gritted. I suspect the time from leaving the bar to getting in his car was about 35 mins. British Transport Police were already on the scene dealing with something else and they apparently called the local police (Kent), who, according to my friend, were there in minutes, breathalysed him and told him he was "over the limit but not prosecutable". He left his car at the station, having left details for the other driver and having given details to both BTP and Kent. He picked it up the next day and I understand his insurers are now dealing with the claim.

I walked home that evening but may well have driven if my car was at the station - I would not have thought that two small glasses of wine over more than 2 hours would put me anywhere close to the limit. He is slightly shorter and lighter than me (I'd guess he's about 5'8 and 75kg) but not significantly. I was very surprised he was over the limit. Is this likely or is there something he's not telling me (no reason to suspect that I should say other than my surprise)?

Drumroll

4,529 posts

150 months

Thursday 22nd March 2018
quotequote all
Which is why the safest thing is not to drive after a drink. How quickly alcohol gets out of peoples system varies widely. How quickly alcohol gets out of your system can vary from day to day.

ashleyman

7,284 posts

129 months

Thursday 22nd March 2018
quotequote all
How can you be over the limit but not prosecutable?

eybic

9,212 posts

204 months

Thursday 22nd March 2018
quotequote all
ashleyman said:
How can you be over the limit but not prosecutable?
Maybe he was just over, I believe if you blow under a certain amount then it could be argued that it's within the margin for error of the machines.

Kewy

1,464 posts

124 months

Thursday 22nd March 2018
quotequote all
Close to half a pint of 13% alcohol – equivalent to a pint of 7% beer (is that how it works??) – I'd say thats plenty to put you over the limit for a couple of hours.

vonhosen

40,597 posts

247 months

Thursday 22nd March 2018
quotequote all
Limit is 35 micrograms of alcohol in 100 millilitres of breath, you won't be prosecuted for Sec 5 RTA unless you are 40 micrograms or above.

99dndd

2,155 posts

119 months

Thursday 22nd March 2018
quotequote all
ashleyman said:
How can you be over the limit but not prosecutable?
Station car park is considered private land?

Just a guess.

Wacky Racer

41,363 posts

277 months

Thursday 22nd March 2018
quotequote all
If in doubt, don't...there are plenty of soft drinks available.

Just not worth the risk (imo)

wwpaddler

16 posts

104 months

Thursday 22nd March 2018
quotequote all
If you blow between 35 and 40 on the roadside machine then although you're over the limit (35) they won't do anything else (except strongly suggest you get a taxi, bus or walk). By the time they've got you to a police station to blow on the evidential standard breathalyser you're probably going to be blowing less than 35 so they have no evidence to prosecute you with. All that's happened is they've taken 1-2 officers out of use for an hour who would have been more use elsewhere.

williaa68

Original Poster:

1,540 posts

196 months

Thursday 22nd March 2018
quotequote all
Kewy said:
Close to half a pint of 13% alcohol – equivalent to a pint of 7% beer (is that how it works??) – I'd say thats plenty to put you over the limit for a couple of hours.
.

I guess that's not far wrong but a bit under a pint (250/568) at a bit under 7%, or approx a pint and half of regular bitter. That was always my rule of thumb. I may have to revise it!

grumpyscot

1,293 posts

222 months

Thursday 22nd March 2018
quotequote all
vonhosen said:
Limit is 35 micrograms of alcohol in 100 millilitres of breath, you won't be prosecuted for Sec 5 RTA unless you are 40 micrograms or above.
In England and Wales. It's 22 in Scotland, which is why so many English visitors are getting caught out.

Pica-Pica

16,615 posts

114 months

Thursday 22nd March 2018
quotequote all
I have just discovered Brewdog’s Nanny State, and St Peter’s Without alcohol-free beers. At last some decent tasting beers to drink.

edthedead

386 posts

212 months

Thursday 22nd March 2018
quotequote all
99dndd said:
ashleyman said:
How can you be over the limit but not prosecutable?
Station car park is considered private land?

Just a guess.
Makes no difference, the law is 'road or public place' - public place is a place to which the public have access by payment or otherwise. A carpark is a public place or can even be a road....

vsonix

3,865 posts

193 months

Thursday 22nd March 2018
quotequote all
Sure it wasn't just user error? There are so many crap sober drivers out there.

LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all
williaa68 said:
A friend and I met for a quick drink on Saturday evening last week. We had the same amount to drink - one 125mm glass of white wine @ 13.5% ABV and another glass at 13% ABV over the course of about an hour / 75 mins. We then got the train home. He got off the stop before me and skidded gently into another car in the station car park, which apparently wasnt properly gritted. I suspect the time from leaving the bar to getting in his car was about 35 mins. British Transport Police were already on the scene dealing with something else and they apparently called the local police (Kent), who, according to my friend, were there in minutes, breathalysed him and told him he was "over the limit but not prosecutable". He left his car at the station, having left details for the other driver and having given details to both BTP and Kent. He picked it up the next day and I understand his insurers are now dealing with the claim.

I walked home that evening but may well have driven if my car was at the station - I would not have thought that two small glasses of wine over more than 2 hours would put me anywhere close to the limit. He is slightly shorter and lighter than me (I'd guess he's about 5'8 and 75kg) but not significantly. I was very surprised he was over the limit. Is this likely or is there something he's not telling me (no reason to suspect that I should say other than my surprise)?
How would he know it wasn't prosecutable, the handheld device says you are or you are not. then you get taken to the police station and blow in the big machine, failing that a blood test.

TooMany2cvs

29,008 posts

156 months

Thursday 22nd March 2018
quotequote all
williaa68 said:
one 125mm glass of white wine @ 13.5% ABV and another glass at 13% ABV
125ml? That's a tiny glass. But two of them's a third of a bottle.

0.125 x 13.5 = 1.7 units +
0.125 x 13 = 1.6 units
= 3.3 units

LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all
Simple solution, if you don't drink and drive then there is no risk of you being prosecuted by the police for being over the limit. You will also not suffer the stress of worrying that you might be. No one can say they smelt alcohol on your breath.

cmaguire

3,589 posts

139 months

Thursday 22nd March 2018
quotequote all
vonhosen said:
Limit is 35 micrograms of alcohol in 100 millilitres of breath, you won't be prosecuted for Sec 5 RTA unless you are 40 micrograms or above.
That distinction was always made at the station on the 'fruit machine' previously.

Do the roadside tests give specifics now, or were they just making it up because the roadside test gave an amber/red result?

Far Cough

2,481 posts

198 months

Thursday 22nd March 2018
quotequote all
Roadside machines give a reading now and its not just a traffic light system.

You can easily be over the limit on a roadside breathtest but by the time they get you back to the station , booking in procedure , breathalayser availability or someone who is trained to use the evidential breath machine and finally you get your 2 minutes of fame. Time has passed and your alcohol level has decreased enough for a pass.

martinbiz

3,700 posts

175 months

Thursday 22nd March 2018
quotequote all
Far Cough said:
Time has passed and your alcohol level has decreased enough for a pass.
Or of course increased depending on the timescale involved between last drink and test