How much is 35 mg of alcohol?
At this point, you are probably well aware of the Drink Driving Limit set of 35 mg, but what does that truly mean? In the UK, the legal limit is set by the Road Traffic Act 1988 and is shown below:
England and Wales:
80 milligrammes per 100 millilitres of blood
35 micrograms per 100 millilitres of breath
107 milligrammes per 100 millilitres of urine
Scotland:
50 milligrammes per 100 millilitres of blood
22 micrograms per 100 millilitres of breath
67 micrograms of alcohol per 100 millilitres of urine
How many pints can you drink and drive?
The legal limit set for drink driving is set at 35 ug of breath, which for the average man is typically a blood alcohol concentration of around 0.08%. However, the number of drinks needed to put one above the limit is highly dependent on other factors, such as :
Weight
Sex
Residual alcohol
Metabolism
Medication
Strength of alcohol
Estimates for the average UK man and woman
Please find below estimates based on the average man and woman in the UK. Please note that this is not a sure way of knowing whether you are above the legal limit and should be intended to be used as a general guideline to make a reasonable judgement. For a more accurate figure, please visit our BAC calculator HERE .
(Man: Height: 5 ft 9; weight: 85kg)
(Woman: Height: 5 ft 3; weight: 72kg)
Average pint of beer or lager (4.5% ABV):
The average man would be able to consume 2 pints and be under the limit.
The average woman would be able to consume one pint and be under the limit.
How many glasses of wine can you have and drive?
Average 125-ml glass of wine (13% ABV)
The average man would be able to consume 2 175-ml glasses and be under the legal limit.
The average woman would be able to consume 175 ml of glass and be under the legal limit.
How many shots can you have and drive?
Average 40-ml shot (40%)
The average man would be able to consume four shots and be under the legal limit.
The average woman would be able to consume three shots and be under the legal limit.
For a more accurate reading to see if you are above the legal limit, try our blood alcohol level calculator HERE:
Penalties for failing to complete a section 172 notice correctly or within 28 days
If you have failed to complete the section 172 notice correctly or not completed it within 28 days you may be subject to the following penalties :
6 penalty points
Up to £1000 fine
A disqualification from driving
For more serious offences such as multiple offences committed and failure of the section 172 this could result in more severe consequences shown below :
Level Of Seriousness | Starting Point | Range | Disqualification | Penalty Points |
|---|---|---|---|---|
| Category 1 | High level community order | Low level community order – 26 weeks’ custody | 6 – 12 months | 9 – 10 points |
| Category 2 | Band C Fine | Band B fine – Medium level community order | Up to 6 months | 7 – 8 points |
| Category 3 | Band B fine | Band A fine – Band C fine | None | 5 – 6 points |
The penalties shown above are determined by the S172 magistrates sentencing guidelines and the range and severity of penalties imposed is under the discretion of the magistrates . As well as the nature of the offence other factors will also be taken into account such as mitigating and aggravating factors surrounding the offence .
Aggravating factors may include :
Previous Convictions
Whether the offender was on bail at the time
Little or no attempt made to comply with duty
Evidence of bad driving
Failure to comply with current court orders
Offence committed on licence or post sentence supervision
Mitigating factors may include :
No previous convictions or no relevant/recent convictions
No previous convictions or no relevant/recent convictions
Remorse
Good character and/or exemplary conduct
Reasonably believed identity known
Genuine fear of retribution
Significant attempt made to comply with duty
Serious medical condition requiring urgent, intensive or long-term treatment
Mental disorder or learning disability
Age and/or lack of maturity
Sole or primary carer for dependent relatives
Our Defences
When it comes to defending an offence of failing to provide driver details under section 172 we employ the use of 2 main defences :
Not reasonably practicable to provide details.
OR
Reasonable Diligence
Reasonable Diligence
“Reasonable Diligence ” refers to the care and attentiveness used by the motorist to ascertain who was driving at the time of the alleged offence .
Section 172 of the RTA states that the registered keeper of the vehicle will not be guilty of the offence if the individual does not know who the driver was and tried with due diligence to ascertain the identity of the driver but couldn't do so . There is no statutory definition on what constitutes reasonable diligence and therefore that decision is left in the hands of the magistrates .
The external factors surrounding the case will also be judged in order to decide whether the motorist has or hasn't tried to ascertain the identity of the driver to the best of their ability . At Parnell and Peel we have put forward numerous successful reasonable diligence defences for our clients if you believe you have grounds to put forward a reasonable diligence defence contact us now at 0330 341 1690.
Reasonably Practicable
The reasonably practicable defence applies where it was not reasonably practicable to provide details within the 28 days due to various reasons . This defence can apply in terms of postal issues of not receiving the notice or receiving the section 172 notice after the 28 days . As of recently postal strikes and delayed letters are common and if proven in front of the magistrates the reasonable practicable defence is extremely successful .
If you think you have grounds for a reasonable practicable defence get in touch now and speak to one of our specialist motoring solicitors to see where you stand in your case .
Speak to a specialist
At Parnell and Peel we are a specialist motoring firm dealing solely with motoring offences for over 16 years . With an expert team of legal representatives and associates we can help you obtain the best possible outcome in your case . Contact us now at 0330 341 1690.
"I was charged with Drink Driving, and the case looked hopeless, Abdul reassured me, and the CPS offered no Evidence. Abdul is certainly an Expert in Drink Driving and his handling of the case was outstanding"
"I was charged with drink driving and my case looked hopeless. There was witness evidence and forensic evidence. From my first meeting with Abdul he reassured me that we could win the case. Abdul was fantastic and the end result is that I am a happy man as I have kept my driving licence and my job."
"I would like to thank Abdul for his support and professionalism through a difficult phase in our lives.The outcome was the best of what we could have hoped for and would recommend your service to others if needed."
"After an extremely stressful 4 months I am delighted with the outcome . Abdul represented me through-out and was always there to support me when the panic took over and delivered what was discussed at our very first meeting. I cannot thank Abdul enough for all his hard work and helping me keep my driving licence. , I wouldn’t hesitate recommending them to friends and family. Many Thanks."
"I am grateful to Abdul and team. I have avoided conviction for failure to provide despite what seemed to be overwhelming case against me. I am absolutely delighted as my driving licence was everything and I stood on the verge of losing everything. Keep up the good work ."