Drink driving is a grave offence. This offence can result in immediate disqualification and, in some cases, imprisonment. You must contact our motoring defence team as soon as possible to discuss your case.
To be convicted of drink-driving, the prosecution will have to prove that at the time of driving, you had excess alcohol in your blood, urine or breath.
The current limits for drunk driving are:
• 35 micrograms of alcohol in 100ml of breath
• 107mg of alcohol in 100ml of urine
• 80mg of alcohol in 100ml of blood
If a police officer stops you and has a reasonable suspicion you are under the influence of alcohol, they can require that you take a breathalyser test at the roadside. If you fail to provide a specimen, this is a separate offence for which you can be arrested.
Defences for Drink Driving Offences
Our motoring team will investigate whether the devices used to obtain an alcohol reading were used correctly by a trained police officer. A defence may exist if certain complex rules and regulations are not followed. For example, before providing breath at the police station, the officer conducting the procedure must warn you that you will be committing a further offence if you fail to do so. If this warning is not provided, this will provide you with a defence.
Even in circumstances where no technical defence can be mounted, it may be possible to save your licence by arguing special reasons. Examples of special reasons in cases of drunk driving include spiked drinks, driving in a genuine emergency and driving only a very short distance.
There is a legal presumption that the amount of alcohol found in a motorist’s body at the police station would have been the same as the amount of alcohol in their body when they were driving. However, I have advised many clients who have consumed alcohol after they drove but before they had a breath test and, therefore, wish to argue that they were not over the limit at the time they were driving. This is often described as the ‘hip flask defence’.
Punishment for Drink Driving Offences
If you are found guilty of drunk driving, you will face compulsory disqualification for a minimum period of one year. This minimum disqualification period increases to a minimum of three years if you have had a previous alcohol-related conviction within the last 10 years. You could also receive a fine of up to £5000 and up to 6 months imprisonment.
If you are facing drink-driving charges, call the specialist motoring defence team. Alternatively, please complete our enquiry form and one of our driving offence UK solicitors will contact you shortly.
