The news of Justin Timberlake’s arrest in the USA is headline news across the world. Justin Timberlake, who is known for his acting and music, including songs such as Cry Me a River and Mirrors, was arrested in the USA for driving while intoxicated (DWI), but what should you know before getting behind the wheel?
USA v England and Wales
Whilst Justin Timberlake was arrested for the offence of Driving While Intoxicated (DWI). In England and Wales, this would be an offence of driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit. This is commonly referred to as ‘drink driving’. This offence falls under section 5 of the Road Traffic Act 1988 (RTA).
Understanding the Limits
In the UK, the legal ‘breath’ alcohol limit at the time of writing is 35 micrograms of alcohol per 100 millilitres of breath, whilst the legal blood alcohol limit in England is currently 80 milligrams of alcohol per 100 millilitres of blood.
Alcohol affects each person differently, and the time for an individual to break down alcohol varies from person to person. The only way to ensure that you are below the limit is not to consume any alcohol the day before driving.
Scotland has lower limits than England and Wales regarding drink-driving. Between 2012 and 2021, Scotland had a 4.1% casualty rate in drink-driving collisions, whereas England had a rate of 5.2% and Wales had a rate of 7.1%. It cannot be said that these figures are directly due to the lower limits in Scotland.
What Happens if I Get Pulled Over for Drink Driving?
In the UK, if you are pulled over by the police on suspicion of drunk driving, the officers will initially conduct a roadside breath test using a breathalyser. If you fail this test by registering a blood alcohol concentration (BAC) over the legal limit, you will be arrested and taken to a police station.
At the station, you will undergo further breath, blood, or urine tests to confirm your BAC. If these tests also show you are over the limit, you will be charged with a drink driving offence.
Penalties for drink driving can include a driving ban, a fine, or even imprisonment, depending on the severity of the offence and whether it is a repeat occurrence. Additionally, you may have to attend a rehabilitation course and your insurance premiums are likely to increase significantly. Refusing to provide a specimen for testing is also an offence and carries similar penalties.
Changes Imminent?
England and Wales have some of the highest blood alcohol limits in Europe. This has led to some calling for the limits to be reduced. The British Medical Foundation has been reported to state that it will lobby the next government to reduce the limits to 20 micrograms of alcohol per 100 millilitres of breath and 50 milligrams of alcohol per 100 millilitres of blood for new and commercial drivers.
Any decrease in the current limits would seem to likely lead to more offences of drink driving. However, after the limits in Scotland were reduced in 2014, for the first three months of the following year drink driving offences in Scotland actually fell by 17% compared to the same period in 2014 prior to the change in the law. This suggests that a reduction in the drink driving limit in England and Wales would lead to fewer offences being committed and, therefore, safer roads.
Contact our Specialists
Our Criminal Defence team is able to provide advice to defendants who were unrepresented in their interview or are unhappy with their current representation. Should you have any questions please do not hesitate to contact us on 0161 969 3131 or fill in our contact form and we’ll be in touch.