Drink driving ban.1?..2?...3? years

fortuneteller

My friend was arrested after a minor traffic accident and gave a urine sample that showed 278 mill of alcohol per 100mill of urine.Is this high? what ban can he expect if convicted..(1st offence)...Would a stint in rehab help get a reduced ban.??
Thanks in advance for your comments:rolleyes:

Aka Ishur

fortuneteller wrote: »

My friend was arrested after a minor traffic accident and gave a urine sample that showed 278 mill of alcohol per 100mill of urine.Is this high? what ban can he expect if convicted..(1st offence)...Would a stint in rehab help get a reduced ban.??
Thanks in advance for your comments:rolleyes:

There was almost 3 times as much alcohol as urine? Am i reading that right?

Avns1s

Legal limit is 107 mg per 100 ml of Urine so your "friend" deserves whatever he gets, IMO of course.

neilr4

The present limits are:

•80 milligrammes of alcohol per 100 millilitres of blood (0.08)
•107 milligrammes of alcohol per 100 millilitres of urine or
•35 microgrammes of alcohol per 100 millilitres of breath

According to the above table copied from government website your buddy is more than twice over the limit.

Possibly looking at €500 fine and anything between 2 and 4 year driving ban.

And large insurance premium when his ban ends.................life's a bitch!!!

fortuneteller

Yes that was what the report said 278 mill per 100 urine..

Aka Ishur

After consulting with my housemate who is just coming off a ban of 3 years, for being (in his words, he's probably under selling it) 10mg over the limit. I would say 3 years is the least he can expect.

(And if personal opinions are allowed i hope his license is scrapped)

fortuneteller

He is 73, looks bad alright. didnt think you could get 4 years,,,,

Possibly looking at €500 fine and anything between 2 and 4 year driving ban.

neilr4

4 years is the max I've heard/read about though I have seen in local newspaper a guy fined €1,700 on top of 4 year ban..........

I suspect for additives, no insurance/tax and/or driving whilst banned!!

I have no sympathy for anybody caught driving over the limit. If they cause an accident their insurance policy becomes null and void because of alcohol consumption and as a result the injured party cannot claim from them!!

Lock em up!!

Kosseegan

neilr4 wrote: »

4 years is the max I've heard/read about though I have seen in local newspaper a guy fined €1,700 on top of 4 year ban..........

I suspect for additives, no insurance/tax and/or driving whilst banned!!

I have no sympathy for anybody caught driving over the limit. If they cause an accident their insurance policy becomes null and void because of alcohol consumption and as a result the injured party cannot claim from them!!

Lock em up!!

There may have been previous convictions, the guy may have defended by trying to caall the guards liars. All of these things influence the length of ban and the amount of the fine.

You point about insurance is nonsense. The insurance company has to pay the injured claimant. The insurance company cannot rely on the drunkenness of theri driver to avoid liability to an injured person. That was decided by the European Court of Justice in a Spanish case of Ruiz Bernaldez.

neilr4

Kosseegan wrote: »

You point about insurance is nonsense. The insurance company has to pay the injured claimant. The insurance company cannot rely on the drunkenness of theri driver to avoid liability to an injured person. That was decided by the European Court of Justice in a Spanish case of Ruiz Bernaldez.

Sorry I was not aware of that :eek:. I'm glad that's not the case

coylemj

If he's 73 and looking at a multiyear ban I'd say he'll be lucky to ever get a quote for insurance when the ban ends, he'll be over 75 at that stage and with the conviction on his record nobody will insure him.

Reloc8

S. 26 of the Road Traffic Act 1994 as amended (by s. 6 of the Road Traffic Act 2006) provides that for a test result of in excess of 200 mg alcohol per 100 mls urine a minimum ban of three years applies for the first offence.

In general the minimum ban is applied (there is no possibility of less) unless there are aggravating factors in the case.

seamus

coylemj wrote: »

If he's 73 and looking at a multiyear ban I'd say he'll be lucky to ever get a quote for insurance when the ban ends, he'll be over 75 at that stage and with the conviction on his record nobody will insure him.

Agreed. At this stage I would say his best bet would be to hang up his keys and sell the car. Donate the proceeds to some charity for alcohol abuse or victims of road crashes and the judge may go lightly on him and reduce the fine.