Devon and Cornwall Police fail to arrest 'drunk' driver

http://www.bbc.co.uk/news/uk-england-devon-33512105

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Police have been criticised by a road safety charity after a driver who failed a breath test was not arrested.

Roadpeace, which supports the victims of crashes, said it was "appalled".

The Police Federation, which represents rank and file officers, said cuts to the number of police officers may have been a factor in the decision.

Devon and Cornwall Police said the matter was investigated and the officer was given "management advice and guidance".

The unnamed driver was stopped and breathalysed near Cullompton, Devon, and found to be just over the legal limit of 35 micrograms of alcohol per 100 millilitres of breath.

The BBC has been told the police officer called a colleague for advice and was told to wait half an hour, then breathalyse the man again.

'Dangerous precedent'

That sample came back under the limit and the motorist was allowed to drive away.

Nigel Rabbitts, chairman of the Police Federation in Devon and Cornwall, said: "Drink driving is a serious offence. But officers have the power of discretion, and in these days of austerity there are less officers and therefore they need to prioritise their jobs."

Analysis: Simon Hall, South West Home Affairs Correspondent

This has caused particular controversy because the drink drive limit in England, Wales and Northern Ireland is the joint highest in Europe.

Scotland cut its limit in December last year, and Northern Ireland is considering a reduction.

Many road safety campaigners and the Police Federation want to see the drink drive limit lowered for the rest of the UK, arguing the move would save lives.

Jeff Baker, a trustee of Roadpeace, said: "We're appalled. This sets a very dangerous precedent. The consequences could have been fatal."

The force said the officer has been given "advice and guidance" about future conduct following an investigation by its Professional Standards Department.

On its website, Devon and Cornwall Police states: "Even a small amount of alcohol affects your ability to drive."

A spokesman said the force would always "take robust action against anyone drink driving".

He said: " In this specific case, while there may be learning for the officer concerned, appropriate and proportionate action was taken."