History of UK Drink Driving Law

The year of 1871

Licensing Act

In 1872 it became an offence to be drunk in charge of carriages, horses, cattle and steam engines!!

The year of 1925

Criminal Justice Act

In 1925 it became an offence to be found drunk in charge of ANY mechanically driven vehicle.

the year of 1962

Road Traffic Act of 1962

The possibility of using body fluids for alcohol analysis was first approached in the UK by the Road Traffic Act of 1962 (aka The Marples Act), although no legal limit was specified and it was not an offence to refuse to supply a blood or urine sample, although failing to do so could be used as supporting evidence to secure a drink driving conviction.

Before this act was introduced successful drink driving prosecutions relied solely upon the subjective tests and observations of so called 'police surgeons' and other evidence such as witness statements and the like.

the year of 1964

Accidents, Alcohol and Risk study

A study entitled Grand Rapids Effects Revisited: Accidents, Alcohol and Risk funded by the US public health service and the Licensed Beverage Industries of New York that was carried out in 1964 found that 80mg of alcohol in 100ml of blood was the level at which the chances of being involved in a crash rises sharply for most drivers.

the year of 1965

UK Government prepares to introduce new drink driving law

The UK government announces that it is preparing to introduce a blood alcohol limit for drivers (drink driving limit). This move comes as a result of the increase of road traffic accidents involving drivers who had been drinking alcohol.

The year of 1967

Introduction of the Legal Drink Drive Limit

The Road Safety Act of 1967 introduced the first legal drink driving limit in the UK. This was set at a BAC (blood alcohol concentration) limit of 80mg of alcohol in 100cc of blood, it became an offence to drive while over this prescribed limit.

Introduction of the breathalyser

In the same year, the breathalyser act was given royal assent. Transport minister Barbara Castle introduced the breathalyser as a way of testing a person's BAC (blood alcohol concentration) level at the roadside. The act stated that the breathalyser device must be one that is type approved by the government. People protested to the introduction of the breathalyser and claimed that it was an infringement of their personal liberties, especially publicans, many of which claimed impending bankruptcy.

These breathalysers provided the police with a portable handheld device that enabled them to carry out on the spot breath tests at the roadside, the tests gave a reliable indication of a motorists BAC (blood alcohol concentration) level. However, these devices did not provide readings that could be used as hard evidence and a basis for prosecution in a court of law (and most still don't to this day). They were used for screening purposes as a means to decide whether or not a motorist was arrested and subsequently required to give a urine or blood sample at the police station. These screening roadside breath tests are known as PBT's or preliminary breath tests.

The introduction of the breathalyser in the UK, along with a heavy government run advertising campaign helped decrease the percentage of road traffic accidents where alcohol had been a factor from 25% to 15% in the first year. There were 1,152 fewer recorded deaths, 11,177 fewer serious injuries and 28,130 fewer slight injuries caused by road traffic accidents.

The first breathalyser to be type approved by the home office was the Alcotest 80, manufactured by Dräger Ltd. The number 80 in the name refers to the BAC (blood alcohol concentration) limit it was designed to detect.

the year of 1981

Transport Act Introduces Evidential Breath Testing

The 1981 Transport Act introduced evidential breath testing and stated that 35 micrograms of alcohol in 100 millilitres of breath (equivalent to 80mg of alcohol in 100cc of blood) was to be the legal limit.

Although the act introduced evidential breath testing law, it was not actually established and implemented until 1983. This was due to the various tests and trials that were currently being carried out on evidential breath testing machines and the need for manufacturers of these machines to produce, test and check large quantities for wide scale distribution and implementation. The police force also needed to train its officers in their use to ensure correct procedure was always followed, this also took a considerable amount of time.

The 1981 Transport Act also stated that motorists that provided a breath test reading of up to 50 micrograms of alcohol in 100 millilitres of breath or less could have the option of providing a blood or urine sample (whichever the police officer specified) instead.

The Year of 1983

EVIDENTIAL BREATH TESTING IS PUT INTO PRACTICE

1983 seen the introduction and implementation of the Lion Intoximeter 3000. The Lion Intoximeter 3000 was an evidential breath testing machine which provided much more accurate and reliable results than the portable breathalyser devices police used at the roadside for preliminary breath testing. The readings these machines produced could be used as a basis for prosecution and hard evidence in a court of law!

Of course, the introduction of these machines caused much controversy as to how accurate the readings were. However, the readings they produced, were scientifically proven to be very accurate and evidential breath testing, to this day, remains to be the principal means of testing a drivers BAC (blood alcohol concentration) level and they provide hard evidence to help secure drink driving convictions in a court of law.

High Risk Offender Scheme

1983 also saw the introduction of the High Risk Offender (HRO) scheme. Intended to manage drink drivers who have a drink problem. Drivers who fall into this category have to convince the Court (DVLA) that they do not have or have overcome a drink problem. This is achieved by going for a medical and providing a blood sample.

High Risk Offenders are drivers who:

• Have been found to be over 2 and a half times the legal limit
  
  
• Have two convictions of drink driving within a 10 year period
  
  
• Have refused to provide a blood sample

The year of 1991

New drink driving offence introduced

The Road Traffic Act of 1991 introduced a new offence of 'Causing death by driving while under the influence of alcohol or drugs' which carried a compulsory prison sentence of up to five years.

Drink Driving Rehabilitation Courses Introduced

Section 30 of the Road Traffic Act 1991 introduced a provision for sentencing courts to refer those who are disqualified for drink driving offences to approved drink driving rehabilitation courses. The main aim of these courses is to educate offenders in order to help prevent re-offending. Completing the drink driving rehabilitation course can reduce any disqualification period by up to 25% and can help reduce car insurance premiums for convicted drivers.

The year of 2002

Most serious drink drive offenders must sit extended re-test

As of 2002, drivers convicted of causing death by driving when under the influence of alcohol or drugs are required to pass an extended test before being allowed to drive again.

In 2002 doctors were also given the right to take blood samples from unconscious or incapacitated drivers without their consent. Even though a blood sample can be taken while a driver is incapacitated or unconscious, once the driver regains consciousness, he must give consent for that sample to be analysed. Failure to allow a specimen to be subjected to a laboratory test when "driving or attempting to drive" is an offence.

The year of 2004

Maximum sentence increased for drink driving offence

The maximum penalty for causing death by driving when under the influence of alcohol or drugs was increased to 14 years in 2004.

The various acts covering drink driving and the law are constantly evolving as the government continues to clamp down on drinking and driving.