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Thousands of motorists are being reminded of the rules around drink driving ahead of the busy Christmas party season.

Motorists are being warned they could face a drink drive conviction - without actually being above the legal limit.

And it could even result in you being jailed for three months, a £2,500 fine and disqualification.

Most drivers caught intoxicated behind the wheel will end up with a conviction code of ‘DR40’ on their licence - for being ‘in charge of a vehicle while alcohol level above limit’.

But there’s another type of conviction - a DR50 - which means you can still be prosecuted without ever failing a breathalyser test.

This relates to being ‘in charge of a vehicle while unfit through drink’.

And it’s down to the opinion of the arresting officer to decide whether you’re fit, or unfit, to be behind the wheel.

(Image: PA)

The charge has been highlighted by UK firm Select Car Leasing, who are advising UK motorists to adopt a zero tolerance booze policy.

"It can be tempting, particularly in the height of Christmas, to enjoy a drink before heading home," expert Mark Tongue explained.

“But if that drink makes you impaired in any way, even though you may not be above the legal limit, you could still face heavy consequences.

“If you’re feeling unwell, alcohol can make you excessively drowsy. Meanwhile some antibiotics, when mixed with alcohol, can cause sickness and dizziness.

“A DR50 charge means 10 points on your licence and a hefty fine. Our advice would be to swerve the drinks entirely if you know you’re going to be behind the wheel,” Tongue added.

A similar conviction also exists for drug use.

A DR90 conviction - ‘in charge of a vehicle when unfit through drugs’ - also means 10 penalty points on your licence and a fine of up to £2,500.

A DR50 or DR90 will also stay on your license for four years from the date of the conviction.

What’s more, being ‘In charge of a vehicle’ doesn’t necessarily mean driving it. If you’re inside the car and in possession of the keys, you could still be prosecuted.

UK motoring lawyer Emma Patterson, from Patterson Law, said the DR50 and the DR90 codes are a remnant of the old fashioned way the police used to detect and charge people - without having a particular reading relating to either drugs or alcohol.

(Image: Getty Images)

But it’s still relevant in modern courts, typically used as a form of legal ‘backstop’.

“You have a number of potential offences where you can be charged and convicted without being above the ‘legal limit’," Emma said.

“The sentiment was that the police really disliked having to prove beyond reasonable doubt that somebody was ‘unfit’ to drive through drink or drugs because they had to prove that the standard of driving was reduced or impaired by alcohol or drugs.

“When legal limits were introduced it was far more black and white.

“However, the police now tend to use the ‘unfit’ charge when they are in difficulties, perhaps, for example, when the breathalyser machine does not work properly, or if somebody fails to give a specimen for analysis.

“And by reverting to the old charge of being ‘unfit’, the prosecutor at court can simply refer to their demeanor when arrested and the standard of driving.

“It tends to be used as a sort of legal backstop.”

Emma added that ‘potential charges where no reading is required’ could involve a ‘minimum mandatory 12 month ban’.