[Closed] Morning after drink driving.

It makes one of those personal breathalyzers look quite appealing.

A copper I know told me about a driver he did. The drunk was sufficiently erratic in his driving that several others phoned in to report him. The copper found him parked in the middle of a roundabout. It does happen.

A copper I know told me about a driver he did. The drunk was sufficiently erratic in his driving that several others phoned in to report him. The copper found him parked in the middle of a roundabout. It does happen.

yup there seems to be some sort of crack down on this I concur. There's been a few out on the roads stopping random folks in the morning, my father in law got breathalysed.

[url= http://singletrackworld.com/forum/topic/drink-driving-and-the-morning-after ]http://singletrackworld.com/forum/topic/drink-driving-and-the-morning-after[/url]

Some interesting reading in here.

Yeah it was on the back of the earlier post that was a big wake up call. We've had a heavy weekend on the beer with gig Friday night, family do sat avo/night then wife's works do Sunday night! Stopped drinking at 11 pm on the Friday didn't move the car till after noon Saturday. Then Sunday it didn't move till 2pm then it never moved at all yesterday! Got taxis and a lift home.
Just not worth it!

Another good reason to ride to work.

This morning, I rode past half a dozen cops who were standing along an A road brandishing breathalyzers. Cars were being randomly beckoned into a couple of side roads. Squeaky bum for some I think.

Another good reason to ride to work.

This morning, I rode past half a dozen cops who were standing along an A road brandishing breathalyzers. Cars were being randomly beckoned into a couple of side roads. Squeaky bum for some I think.

Can the old bill not pull cyclists over too?

Can the old bill not pull cyclists over too?

Probably, but you'd not more lose your driving license for that than you would being a drunk pedestrian.

Can the old bill not pull cyclists over too?

Pretty sure you can't be made to give a sample though.

Probably yes, but why would they when car drivers are an easier target.

Pretty sure you can't be made to give a sample though.

You can't be made to give a sample as a car driver, you just get the same/very similar punishment to what you get for failing a test.

Probably, but you'd not more lose your driving license for that than you would being a drunk pedestrian.

Not true at all.

While it's probably unlikely to be used, there is legislation in place that could be used to enforce a driving ban for being drunk when cycling.

Do you have a link for that?

Edit. The only link that I can find is from the Powers of Criminal Courts act but from what I can read that says that if you commit ANY crime, no matter what it is, the court can take your drivers license away.

http://www.drinkdrivinglaw.co.uk/offences/failing_to_provide_a_specimen_for_analysis.htm#What_is_my_legal_obligation

Not heard of a law having your driving licence effected when riding a bike.

While it's probably unlikely to be used, there is legislation in place that could be used to enforce a driving ban for being drunk when cycling.

Don't think that's correct. There's certainly an offence of being "unfit" to ride due to drink, but that's punishable by a fine.

http://ukcyclerules.com/2010/09/27/can-you-lose-your-driving-licence-for-a-cycling-offence/

And the relevant legislation here:

http://www.legislation.gov.uk/ukpga/2000/6/section/146

While it's probably unlikely to be used, there is legislation in place that could be used to enforce a driving ban for being drunk when cycling.

In Australia yes.

In the UK, not unless the law has changed recently.

EDIT: clearly I stand corrected 😳

Any court ever applied that provision to a cyclist or referred to its use in relation to cyclists? What did the judge say about its application? i suspect it would be in relation to something far more serious than being drunk.

CPS guidance suggests that it would be pretty hard for a cyclist to trigger! I wouldn't think that simply being unfit to ride would result in disqualification.

[url= http://www.cps.gov.uk/legal/s_to_u/sentencing_and_ancillary_orders_applications/#a30 ]CPS guidance [/url]

According to neal's link, yes. Although that bloke was convicted of furious cycling and was riding on a pavement, knocked over and killed a pedestrian.

Now Neal has posted that I remember reading it before quite possibly it was Neal who posted it.

We got stopped a week ago, at 8.45am Sunday. My other half had had the last of 5 pints at around midnight, and the breathalyzer reading was zero. Phew!!

I was in the pub recently and some sanctimonious nause heard me refer to my bike as a 'pub bike'. At which point he started crowing on about losing your licence for being drunk in charge, or something. Please tell me he's not right.

given the amount of drivers still legally on the roads with 12 or more points thenks to magistrates and other judicial powers, I'd be flabbergasted if someone lost their licence for a cycling offence

A couple of years ago, after an enjoyable evening touring the single malts in the Britons with WCA, I was so 'refreshed' that I actually rode into a parked cop car. While on the pavement. Oops!

He wasn't that bothered about my 'tired and emotional' state, picked me up, poured me back onto my bike and sent me merrily teetering on my way. I suspect if I had been in charge of a couple of tons of metal, his attitude may have been slightly different. And that's the rub. If you want to kill yourself with your own irresponsible silliness, then that's your look out......

I got stopped as a student, it was 3am, dark no lights and I was on the pavement, once they'd ascertained the bike was mine. They let my tyres down and sent me on my way.

Not sure it affected my cycling at all.

I got stopped as a student, it was 3am, dark no lights and I was on the pavement, once they'd ascertained the bike was mine. They let my tyres down and sent me on my way.

Buggers! I got caught as a student. No lights on a pavement. They slowed down in the car asked if I was a student to which I replied yes and they were on their way. Edit....I hadn't been drinking though!

My dad was rear ended by a 'morning after the night before guy'. he was stationary at a pedestrian crossing on the way to work and was hit from behind at 50mph. He was driving a Volvo at the time, not only did the crash mash the rear end but it bent the thing in an upwards V shape. He wasn't badly injured thankfully and the person had crossed the road so they were OK but I still remember seeing the Volvo and being pretty shocked.

Surely if in doubt don't drive.

So if two guys are pulled over for drink cycling, one has a licence and the other does not, we now know that the first guys licence can be affected but what happens to the bloke without a licence?

You don't need a drinking licence to cycle on the roads do you.

edit: serious question, not a rhetorical. Bit unfair for one guy to get points/a ban and the other to get a fine just because he hasn't coughed up to do lessons and a test.

So if two guys are pulled over for drink cycling, one has a licence and the other does not, we now know that the first guys licence can be affected but what happens to the bloke without a licence?

A driving ban is effectively a restriction on "Holding or Obtaining" a license to drive.

So the ban would be the same in theory.

It would just mean more to one than the other.

And, as you pointed out from the start, unlikely to ever be used for someone convicted of cycling pissed. (So unlikely that it can almost be ignored!)

[i]Surely that isn't 'morning after' drunk? That's 'drinking in the morning' drunk? [/i]

I'm no expert. I did drink solidly one weekend, to be still pished on the Monday, just the once. More likely it was someone with a serious habit, and we're all of us a little safer now.

Binners, good work sir!

My dad was rear ended by a 'morning after the night before guy'.

Binners you southern Manchester shandy-drinker

An organisation that I do some consultancy work for, which has fairly a strong D&D policy, states 7 units in the previous 24 hours, with the last unit consumed at least 8 hours before entering their property.

I assume those citing s146(1) of the Powers of Criminal Courts Act didn't read as far s146(3) ? I don't believe the SoS has authorised such use of section 1.

I don't believe the SoS has authorised such use of section 1.

Why don't you believe it ?

[url= https://www.gov.uk/government/publications/notifying-the-courts-that-powers-under-section-146-of-the-powers-of-criminal-courts-sentencing-act-2000-to-order-a-defendant-to-be-disqualified-from-driving-are-exercisable ]Home Office circular 059 / 2003[/url] says it has

*waits for a more recent circular rescinding that one*

you might be right. Bizarrely, the wording says for any case, and then lists relevant offences. I read that as other offences are not relevant. Certainly I would expect the court of appeal to question the purpose of disqualifying someone from driving if they were cycling drunk - as it would do nothing to prevent reoffending.

A quick skim of the equivalent in scotland (s248 of the Crim. Proc. Scot. Act 1995) suggests it may have been implemented less broadly (not at all courts?) north of the border!

I usually just don't drink at all if I am driving, has literally been about 3 times I've ever had one(only) before driving, pints are like bikes in terms of N+1 so best not to start if you intend to drive!

Also having worked in insurance some companies specify they wont pay out if you are under the influence of alcohol, as opposed to be convicted of drink driving etc, so even if you blow under the limit by admitting you had a drink before driving they will try and get out of paying...

Quite. It's purpose is quite clearly to disrupt criminal activity by denying the right people the privilege of driving. No doubt case law will do what the legislation doesn't and define when it should and shouldn't be used