The drink driving limit is based on the amount of alcohol in your blood. Therefore, every person will be able to drink differing amounts before becoming over the limit depending on their weight, height, sex and age. It can also be affected by how much you have had to eat that day and any medication you are taking.

This urban legend has been passed around for quite some time. The theory was that the copper would neutralise the alcohol. There is no truth in this. A breathalyser uses infrared light to gauge your alcohol level and would not be affected by anything put into your mouth.

There is no way to cheat a breathalyser test. Their readings can be done even with small amounts of breath. Hyperventilating or holding your breath before taking the test will not affect your results. If you do this at the roadside, you will likely be arrested. If you do this in the police station, you will be charged with failing to provide a specimen.

There is a common misconception that sleeping will speed up your body’s absorption of alcohol. This is not true. Your body will metabolise alcohol at the same rate even when you are asleep. This is why it is so important to not drive first thing in the morning after a night of drinking, as your blood alcohol levels may still be high.

Much like the belief that sleep will sober you up, many people believe that a cup of strong coffee or a big meal can speed-up the sobering process. This, again, is not true. Whilst you might feel less drunk, there is no way to reduce your blood alcohol levels quickly. You must be patient and allow sufficient time to pass before getting behind the wheel of a car. A general guideline is that you should wait one hour per standard alcoholic drink you have had before you drive – this is not a one size fits all method however, and your age, weight, height and metabolism will all impact how your body reacts to alcohol so you may find you need to wait longer.

Once again, the ONLY way to sober up is to allow your liver to metabolise the alcohol, this means waiting it out. There is no quick route to sobering up. A cold shower or walk outside will not speed the process up. Remember, one hour per standard drink as a baseline estimate for how long it will take you to be fit to drive – a good rule of thumb is to allow extra time too, as every body is different and you may take longer to metabolise the alcohol.

If you are suspected to be driving under the influence, the specimen/test will need to be completed as soon as possible. This is because the police will want an accurate reading of your blood alcohol levels at the time of the alleged offence. Practically, this means the process cannot be delayed to allow you to speak to a solicitor first. Attempting to delay the process for this reason could result in a criminal charge of failing to provide a specimen. For this, you could face an unlimited fine, 6 months imprisonment and even a driving ban.

If you are pulled over by the police whilst driving and they believe you to be under the influence of alcohol, they will first ask you to provide a roadside breath test. This is the only test possible at the roadside. If you fail to provide this test or provide a reading over the limit, they will then take you to the police station to provide an official specimen. Some people believe that you can choose which of the tests to take, whether that be a breathalyser, a blood test or a urine test. There are only some valid reasons to refuse a certain test. For example, if you have a medical condition that prevents you from performing the requested test – so long as you can prove this in court, this might constitute a reasonable excuse. The same applies for any mental health condition, whether this was existent before the incident or because of the situation. You can refuse a blood test if you have a phobia of needles. Importantly, you would need to be able to prove this in court by providing medical evidence. Telling the police you only consent to one test without a medical reason could lead to a criminal charge of failing to provide a specimen and you could face an unlimited fine, a driving ban, or in extreme circumstances, imprisonment for six months.

Even if you have no intention of driving, being ‘in control’ of a vehicle is sufficient to face charges. Being in control of a vehicle includes simply being in possession of the keys. This means you could be charged if you are under the influence of alcohol and are sitting anywhere in the car if the police think you were likely to drive it or likely to have driven it recently.

Even if you are under the legal limit, if the police stop you for careless or dangerous driving and their tests show you have any alcohol in your system – you can still be charged. Section 4 of the Road Traffic Act creates a separate offence of ‘driving whilst unfit to drive through drink or drugs.’ Being unfit to drive for these purposes means your ability to drive is impaired. Practically speaking this means even if you were not above the legal limit (and therefore subject to Section 5 of the Road Traffic Act) you can still be charged with an offence.

If you are convicted of drunk driving, this could have major impacts on future VISA applications. For example, it is likely you will not be permitted to travel to the US on the Visa Waiver Program, commonly referred to as an ESTA, and instead must apply for a VISA. This is a much longer and much more expensive process and one that can be avoided by taking precautions and not driving when you have consumed alcohol.

Exceptional hardship is often used to avoid driving bans in speeding cases, if you can prove to the court that being banned from driving will cause you or someone else significant hardship, then you can sometimes avoid this penalty. However, this is not taken into consideration in drink driving offences - no matter the level of hardship caused by the ban.