Man of Honour
- Joined
- 29 Mar 2003
- Posts
- 57,610
- Location
- Stoke on Trent
That's a big level of tolerance. He eventually got 4 months.
So in conclusion under 11 pints no jail, over 11 jail.
If he was 3x over he probably wouldn't have got jail.
Obviously if they have crashed into something and put somebody in hospital then rules will change.
After being arrested at over 4 times the legal limit is a custodial sentence likely, and what costs are likely to be incurred?
Firstly this is a serious offence. Your husband should, if possible, instruct a solicitor to represent him. We would be happy to offer an initial interview to discuss the case in more detailed and thereafter provide a fixed fee quote.
I have to say that a custodial sentence in these circumstances is a real possibility. The court’s sentencing guidelines indicate that custody is appropriate for readings of over 116 milligrams of alcohol in 100ml of breath. The legal limit is 35milligrams. Therefore four times the legal limit would be 140 milligrams. It is rare to come across readings of over 150 milligrams so your husband’s reading is at the top end of what the court’s are accustomed to dealing with. On this basis a custodial sentence may well be imposed but this will very much depend on the mitigation put forward in court on his behalf. He needs representation with someone with lots of experience in dealing with cases like this as this could make a difference.