PDA Law | MOTORING OFFENCE Specialists
Drink Driving Offences
Drink Driving Offences
A drink driving offence is a very serious matter that can have far-reaching consequences for your life, your livelihood, and your future. The penalties for drink driving are severe, with potential outcomes including a driving ban, large fines, and even a custodial sentence. Beyond the legal implications, the stigma attached to a conviction can affect your career, your family, and your reputation. In such a situation, seeking advice from a specialist solicitor is not just advisable -it is essential.
One of the most immediate and life-changing consequences of a drink driving conviction is the loss of your driving licence and crucially losing your job, if driving is integral to your role. Even outside of work, the inability to drive can disrupt your daily life, making it difficult to manage family responsibilities or attend important appointments. Moreover, drink driving laws are highly technical, and navigating the legal system can feel overwhelming without expert guidance. Our specialist solicitors can provide clear, practical advice tailored to your circumstances, helping you understand your options and the potential outcomes. Whether it is negotiating a lesser penalty, avoiding a conviction altogether, or mitigating the severity of your sentence, having a skilled advocate in your corner ensures that your rights are protected and your case is presented in the strongest possible light.
It is important to act quickly if you are facing a drink driving offence, as there are several potential defences that could apply to your case. Our skilled solicitors will carefully examine the circumstances surrounding your arrest and the evidence presented against you. For instance, they may challenge whether the testing equipment was properly calibrated and functioning correctly at the time. Any faults or inaccuracies could render the results unreliable and inadmissible in court. Similarly, they may scrutinise the actions of the police, as failing to follow the strict procedures required by law could provide grounds to contest the charge. Another potential defence could relate to the timing of the alcohol consumption. In some cases, it may be argued that you were not over the legal limit while driving but consumed alcohol shortly before or after the journey, causing the reading to exceed the limit at the time of testing. This is commonly known as the “hip-flask defence.” Our solicitors will work with forensic experts if necessary to substantiate such claims, ensuring every avenue is explored in your defence.
Certain circumstances, known as “special reasons,” may explain why a drink driving offence occurred and can be used to argue for leniency in court. While these reasons do not provide a complete defence, they can help reduce penalties, such as avoiding a driving ban, if presented effectively. For instance, if your drink was unknowingly spiked with alcohol, this could be considered a special reason. In such cases, it would need to be demonstrated that you were unaware the drink had been tampered with, that you consumed only what you believed to be a safe amount, and that the spiking directly caused the offence. Evidence such as toxicology reports or witness statements may be crucial in supporting this argument.
Another example is driving in an emergency. Situations such as rushing someone to hospital or escaping immediate danger can sometimes justify driving while over the limit. It would need to be shown that the emergency was genuine and urgent, leaving no reasonable alternatives other than to drive.
There are also cases where the distance driven can be a mitigating factor. If the journey was exceptionally short and posed little to no risk to others, it might be possible to argue that the offence was less severe than a typical drink driving case. For example, moving a car a few metres to prevent it from being damaged or obstructing traffic could be seen in a different light by the court. However, it would still be necessary to demonstrate that the action taken was reasonable under the circumstances. Although a special reason does not serve as a defence to the charge, it can be presented to the court as a justification for avoiding the imposition of a disqualification.
Having the right legal support can make all the difference. At PDA Law we are experienced in building robust arguments for clients in complicated situations such as these. We are committed to achieving the best possible outcome for your case so don’t delay, call us today and let us help you to safeguard your future.
here are strict alcohol limits for drivers, but the number of drinks it takes to reach these limits varies for each individual, depending on weight, sex, metabolism, the type of alcohol being consumed, what you have eaten recently and also stress levels at the time. It is also important to note that the limits are different in Scotland to that of the rest of the UK.
| Level of alcohol | England, Wales and Northern Ireland | Scotland |
| Micrograms per 100 millilitres of breath | 35 | 22 |
| Milligrams per 100 millilitres of blood | 80 | 50 |
| Milligrams per 100 millilitres of urine | 107 | 67 |
Alcohol limits are scientifically measured in micrograms and milligrams, but translating these measurements into practical terms can be a bit tricky. To make it easier to understand, these limits are simplified into a more familiar concept known as “units.”
A standard 4% pint of beer has 2.3 units
A 5% craft pint of beer has 3 units
A small glass of wine has 2.3 units (average strength of 13%)
A large glass of wine has 3.3 units (average strength of 13%)
Units help to estimate the amount of alcohol you are consuming, but it is important to treat them as a rough guideline only. Why? Because as mentioned above alcohol affects individuals differently hence why some people feel safe to drive and others do not. For a man the Department for Transport recommends drinking no more than two to three units of alcohol and for a woman no more than one to two units of alcohol. To be completely safe behind the wheel their recommendation is not to drink any alcohol at all if you intend to drive.
Driving or attempting to drive while over the legal alcohol limit or unfit to drive due to alcohol can result in serious penalties. These include up to 6 months’ imprisonment, an unlimited fine, and a driving ban of at least 1 year, which increases to 3 years if convicted twice within 10 years.
Refusing to provide a specimen of breath, blood, or urine for analysis is also a serious offence, carrying the same penalties: up to 6 months’ imprisonment, an unlimited fine, and a minimum 1-year driving ban, or 3 years for a second conviction within a decade.
Causing death by careless driving while under the influence of alcohol is one of the most severe offences. It can lead to life imprisonment, an unlimited fine, a driving ban of at least 5 years, and the requirement to pass an extended driving test before regaining your licence.
When the police suspect a driver of drink driving
Police can stop a vehicle if they have reasonable grounds, such as witnessing erratic driving, or as part of a routine traffic check. They will then follow a structured process to determine whether the driver is over the legal alcohol limit.
Signs of Alcohol Use: If officers suspect the driver has consumed alcohol, they will look for indicators such as the smell of alcohol, slurred speech, or unsteady behaviour.
Roadside Breath Test: The police may ask the driver to provide a breath sample using a portable breathalyser device. This gives an immediate reading to show if the driver is over the limit.
Positive Breath Test or Inability to Provide: If the roadside breath test indicates the driver is over the limit or they are unable to provide a sample due to medical or other reasons, they will be arrested and taken to the police station.
Evidential Breath Test: At the station, a more accurate breathalyser machine is used to take two evidential breath samples. The lower reading is used as evidence.
Blood or Urine Test: If the evidential breath test cannot be completed (e.g., due to medical conditions, equipment failure, or if the reading is borderline), the police may require the driver to provide a blood or urine sample;
- Blood Test: Taken by a medical professional, the sample must be stored and handled properly to ensure accuracy.
- Urine Test: The driver may be asked to provide two samples, with the second being used for analysis. Proper timing and collection procedures are critical.
The advice provided by our solicitors in drink driving cases often hinges on the specific sample you provided to the police when you were stopped and suspected of being over the legal alcohol limit. The type of sample—whether breath, blood, or urine—can significantly influence the legal process and the options available to you. Our solicitors will focus on identifying procedural errors or inconsistencies in the evidence to build the strongest possible defence for your case.
Drink Driving FAQs
Do I need a solicitor to help with a drink driving charge?
Yes, it is crucial to have a solicitor if you are facing a drink driving charge, even if you believe you have no defence. Many people charged with drink driving assume that because they failed a breathalyser test or admitted to drinking, there is no way to challenge the case. However, this is not always true. A solicitor experienced in motoring law can thoroughly assess your situation, uncover potential defences, and identify mitigating factors that you may not be aware of. Additionally, a solicitor will work to minimise the penalties you face. Even if you cannot avoid a conviction, they can present mitigating factors to the court such as your personal circumstances, a clean driving record, or evidence of remorse, to argue for a more lenient sentence. Without expert legal representation, you risk facing harsher penalties than necessary, such as a longer driving ban, a larger fine, or even imprisonment.
What is the legal limit for drink driving?
The legal limit for drink driving is measured in three ways: breath, blood, and urine. The limits are as follows:
- Breath: 35 micrograms of alcohol per 100 millilitres of breath
- Blood: 80 milligrams of alcohol per 100 millilitres of blood
- Urine: 107 milligrams of alcohol per 100 millilitres of urine
It is important to note that these limits apply in England, Wales, and Northern Ireland. In Scotland, the limits are stricter, with the blood alcohol limit reduced to 50 milligrams per 100 millilitres of blood, and the breath limit set at 22 micrograms per 100 millilitres of breath.
What are the penalties for drink driving?
Penalties for a first-time drink driving offence can include:
- Driving Ban: A minimum disqualification of 12 months.
- Fine: An unlimited fine, determined by the court based on the specifics of the case.
- Imprisonment: Up to 6 months in severe cases.
The exact penalty depends on factors such as the level of alcohol in your system, prior convictions, and whether there were aggravating circumstances like causing an accident. It is important to note that a drink driving conviction results in a criminal record.
I am being charged with a repeat drink driving offence. What are the penalties I could face?
For repeat drink driving offences, the penalties are typically more severe than for a first offence. If you are found guilty, you may face the following:
- Driving Ban: A mandatory minimum disqualification of 3 years if the previous offence occurred within the last 10 years.
- Fine: An unlimited fine, which is determined based on the severity of the offence and your financial circumstances.
- Imprisonment: Up to 6 months, particularly if the offence involved high alcohol levels, dangerous driving, or caused harm.
- Criminal Record: A repeat offence will also lead to a permanent criminal record.
Are there any circumstances in which the penalties of the alleged offence be minimised or not passed at all?
Yes, there are circumstances where drink driving charges can be minimized or dismissed, but these depend on the case itself. For example, if the police failed to follow correct procedures during your arrest or testing, if medical conditions impacted the test results, or if the equipment used was faulty, the charges may be challenged. Additionally, “special reasons” such as an emergency, spiked drinks, or driving a very short distance could reduce penalties. However, these arguments require strong evidence and legal expertise, so consulting a solicitor is of the utmost importance.
Do I need to tell my employer about my drink driving charge?
Whether you need to tell your employer about a drink driving charge depends on your job and employment contract. If your role involves driving, or your contract includes a clause requiring disclosure of criminal charges, you must inform them. Certain professions, like those in regulated industries, may also require disclosure due to professional standards. If the charge impacts your ability to perform your duties, such as losing your licence, it is strongly advisable to let them know as soon as possible.