Drivers can still face big fines and be banned from the wheel for drinking – even if they pass breathalyser tests – thanks to a little-known rule.

That’s because while most convictions for drink driving use the “DR40” code, there’s a second one too.

The “DR50” conviction carries a maximum penalty of three months in jail, as well as a driving ban and a fine of up to £2,500 – and doesn’t rely on tests.

How do they decide if not using a test? Well, it’s down to the opinion of the arresting officer whether you’re fit, or unfit to drive.

And it’s not just alcohol – there’s one for drug driving too that can see you hit even if you pass tests.

A DR90 conviction – standing for “in charge of a vehicle when unfit through drugs” – carries 10 penalty points and a fine of up to £2,500 with it.

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