Lawyers query Northern Ireland drink-driving plan

A zero-tolerance drink- driving limit for HGV drivers in Northern Ireland has concerned lawyers, who warned that the strict regime could even affect those who have used mouthwash.

The Northern Ireland Assembly passed a bill in January that will see a drink-driving limit of 20mg/ 100ml of blood introduced for professional and learner drivers in 2018. Other motorists will be subject to a reduced 50mg/100ml blood alcohol level.

The bill is awaiting Royal Assent.

However, it will be the first country in the UK to enforce such a strict limit. Scotland reduced the level to 50mg/100ml of blood in 2014, but Northern Ireland will be effectively introducing a zero-tolerance approach. England and Wales still apply an 80mg/100ml of blood limit.

Northern Ireland’s level has been set so low, warn lawyers, that innocent drivers could become embroiled in a legal minefield.

Laura Newton, road transport solicitor at Rothera Sharp, said: “I question a two-tier system, it isn’t logical for a certain blood alcohol level to be safe for drivers of small vehicles and not large ones, and for new drivers but not experienced people. 

“A very low legal limit close to zero tolerance concerns me as we see many instances where medications and products such as mouthwash can affect the reading, leading to wrongful prosecutions and costly drawn-out challenges in the court, which undermines confidence in the system.”

Vikki Woodfine, partner at law firm DWF, said the change will have a substantial affect on professional drivers because the limit will be reduced to a quarter of the current limit in England.

She said: “Drivers and operators sending their drivers into Northern Ireland need to be aware of these changes and training notes issued accordingly upon implementation of the bill.

“The bill does at least qualify that the lower prescribed limit is for drivers with a specified licence only when driving or attempting to drive such a vehicle. To some extent, introducing harsher limits in such situations is in line with an overall push in the industry to improve professionalism.”