Personal Injury Attorney & Personal Injury Lawyer Blog

Nobody is going to arrest you for enjoying a big night out and we all doubt you would try and drive a car after drinking, but how often would you drive the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.

Depending on what country you are in, the legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood. You will easily reach this limit with just a couple of units of alcohol so imagine how 10 – 20 units would effect you even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.

A heavy night can take more than 12 hours for the body to process the alcohol and it can still have an effect up to a day later. Most nights out or parties continue to the early hours of the morning meaning you won’t get a full nights sleep, especially if you are getting up at your usual waking hour. You might assume that after sleeping the effects of the alcohol will have worn off but this is not the case.

An astonishing number of people drive while under the influence of alcohol the morning after drinking, but not all are so innocent; most do not realise that they are over the limit but some assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.

Most police departments will be aware of nights of heavy drinking such as weekends and holidays and will plan accordingly, the morning after Christmas, new years day and other holidays are times when forces set up road blocks and randomly stop drivers to check for alcohol content. This is primarily a deterrent but they also aim to crack down on offenders.

It’s not just the effect of drinking that can impair driving ability, a heavy hangover means the brain is dehydrated so you will be less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.

Getting caught over the limit in the morning can still land you with a drink driving ban and many people end up hiring a driving offence lawyer to get them off the hook.

There is mounting pressure for the Government to reduce the legal blood alcohol level for drivers in the UK. The current limit permits 80mg per 100ml of blood, roughly a pint and a half of medium strength lager for an average sized man. The proposed limit would bring it down to 50mg per 100ml of blood which is little more than half a pint or a large glass of wine which is in line with the European Union limit.

430 people were killed as a result of drink driving last year according to Lord Adonis, the Transport Secretary, however this figure does not reflect any figures that of fatalities where drivers were above the lower limit. He also suggests drug-driving is a key concern for the public.

The current UK laws mean that anyone found driving over the legal limit faces an automatic 12 month driving ban but there is current investigation by Sir Peter North QC into the possibilities of introducing a second, lower penalty for anyone above the lower limit such as 6 points on a driving licence. Changes could also see prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.

Insurers also concurred with the decision, Edmund King, president of the AA remarked that “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”

Peter North QC added: ”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties.”

However this proposal was not welcomed by everyone, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations argued “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.

Thousands of drivers each year are convicted of a drink driving offence but even more are convicted, with lower penalties, of a speeding offence, something that causes many more fatalities each year.

There is rising pressure facing the UK government to reduce the legal limit of alcohol consumption when driving. The current limit stands at 80mg per 100ml of blood which relates to approximately a pint and a half of medium strength lager for an average sized man. The proposed limit would bring it down to 50mg per 100ml of blood which is little more than half a pint or a large glass of wine which is in line with the European Union limit.

Current UK law states that anyone found driving over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently investigating the possibilities of introducing a second, lower penalty for anyone above the lower limit such as 6 points on a driving licence. Changes could also see prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.

Statistics provided by Transport Secretary Lord Adonis state that over 400 people a year are killed as a result of drink driving, however this figure does not reflect any incidents where drivers were above the proposed lower limit. He also suggests drug-driving is a key concern for the public.

Sir Peter added: ”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties.”

President of the AA, Edmund King, commented that “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”

But the proposals were condemned by Tony Payne, chief executive of the Federation of Licensed Victuallers Associations. “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.

Thousands of motorists are prosecuted every year for a drink driving offence but the punishments for speeding are far less despite it causing a significantly higher number of deaths each year.