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Excess Alcohol (17956/19)


I would like to request information under the Freedom of Information Act 2000. I will outline my query as precisely as possible. I would like to request the following information for the months of December 2018 or 2017 if possible.

How many people were stopped by the police and breathalysed?

How many of these tested positive?

How many incidents were recorded that related to the driver being under the influence of alcohol?

Data for other months of the year would also help me out.


Our data are not organised in such a way as to allow us to provide this information within the appropriate (cost) limit within the Freedom of Information (FOI) Act (see ‘Reason for Decision’ below).

Although excess cost removes the force’s obligations under the Freedom of Information Act, as a gesture of goodwill I have supplied information, relative to your request, retrieved before it was realised that the fees limit would be exceeded (see attached). I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of the request.


Please note that researching each individual case would exceed the appropriate limit (FOIA, s.12).  We would need to conduct a manual review of in excess of 550 records in order to locate and retrieve the number of incidents relating to the driver being under the influence of alcohol.

The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.

Further information on section 12 of FOI is available here: