Drink Driving Solicitors

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Drink Driving Solicitors

What is the current Drink Driving Laws? 

If you are driving in England, the current alcohol limit is 80 milligrammes of alcohol per 100 millilitres of blood, 35 micrograms per 100 millilitres of breath, or 107 milligrammes per 100 millilitres of urine. These limits also apply if you are driving a motor vehicle in Wales or Northern Ireland. 

Penalties for breaking the law in the UK can be severe if you are convicted of any of the following driving offences:

  • Driving or attempting to drive with excess alcohol (while exceeding the legal limit)
  • Being in charge of a motor vehicle with excess alcohol (while exceeding the legal limit)
  • Driving or attempting to drive while unfit through drink (alcohol) or drugs
  • Being in charge of a motor vehicle while unfit through drink (alcohol) or drugs
  • Failing to co-operate with a preliminary roadside breath test when required to do so
  • Failing to provide an evidential specimen (blood, breath or urine) for analysis while driving or attempting to drive a vehicle
  • Failing to provide an evidential specimen (blood, breath or urine) for analysis while in charge of a vehicle
  • Failing to give permission for a laboratory test of a specimen of blood taken while that person was incapable of consenting

You would have a criminal record if you are convicted of any of the above motoring offences, and this could have a severe impact on your employment and other activities such as travel. 

You also need to consider the cost of motor insurance as having a conviction for drink driving, would increase your cost of motor insurance significantly.

So what happens if you get caught drinking and driving? 

The penalties for drink diving in the UK are severe, and you could face imprisonment and be banned from driving if you are found guilty in court. You could also be issued with a hefty fine. The amount of fine would be determined by the magistrate who deals with your case in court.

Sentencing guidelines if you are found guilty of drink driving offences are:

Road Traffic Act 1988, s.5(1)(a) – Driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit.

Level of alcoholStarting PointRangeDisqualificationDisqualification (2nd offence in 10 years)
Breath(ug)Blood (ml)Urine (ml)
36-5981 137108 183Band C FineBand B Band C Fine12 16 months36 40 months
60-89138 206184 274Band C FineBand C Fine Low level community order17-22 months36 46 months
90 119207 275275 366Medium level community orderLow level community order to high level community order23 28 months36 52 months
120 150 and above276 345 and above367 459 and above12 weeks custodyHigh level community order to 26 weeks custody29 36 months (Extend if imposing immediate custody)36 60 months

Road Traffic Act 1988, s.5(1)(b) –  Being in charge of a motor vehicle on a road or other public place

Level of alcoholStarting PointRangeDisqualification/points
Breath(ug)Blood (ml)Urine (ml)
36-5981-137108-183Band B FineBand A Band B Fine10 points
60-89138-206184-274Band B FineBand B Fine Band C FineConsider disqualification or 10 points
90 119207-275275 366Band C FineBand C Fine – Medium level community orderConsider disqualification up to 6 months or 10 points
120 150 and above276 345 and above367 459 and aboveMedium level community orderLow level community order to 6 weeks custodyDisqualify 6-12 months (Extend if imposing immediate custody)

Drink Driving Frequently asked questions:

If you are stopped by the Police for suspected drink driving, you will be required to give a specimen of breath, blood or urine to ascertain if you are above the legal drink-drive limits in the UK. If you refuse to provide a sample, you can face unlimited fines, a lengthy ban from driving and a significant custodial sentence if convicted. 

If you are taken to the police station and arrested for drink driving, you should engage our services immediately. We have experienced drink driving solicitors, and you should call us as soon as you have the chance. You will need representation at the police station and also in Magistrates’ Court. 

We will represent you and advise you at each step of the process, and if you are guilty of the offence, look at the best way to mitigate and secure a lenient sentence. 

The most serious of offences, including driving while under the influence of alcohol or dangerous driving, will be dealt with at Court.

If it is the first hearing of a drink driving case, the court will expect you to enter a plea. If you plead guilty to the drink driving charge, the prosecutor will offer a summary of the case and the circumstances, and we will attempt to mitigate on your behalf. It will then be up to the magistrate as to the penalty imposed. 

For offences of Drink Driving and the Police have six months from the date of the alleged offences in which to either charge you or lay information at the court

Special Reasons are most commonly argued in ’emergency’ situations, and the courts have made clear that, for Special Reasons to exist in this type of situation, specific criteria must be fulfilled.

There is a considerable burden upon anyone accused seeking to rely upon Special Reasons to justify driving while over the legal limit.

  • Was there any other reasonable alternative course of action open to you other than driving?
  • The driving must be in response to this genuine emergency. Once the emergency has passed, the driving must immediately cease
  • Very short distance driven (moving car a few yards to safety)
  • A drivers drink being laced or spiked without their knowledge

Consideration should always be given to matters of public safety. When special reasons are put forward in drink driving cases, the sentencing court must consider the following:

  • the reason for driving the motor vehicle;
  • the distance the motor vehicle was driven;
  • how the motor vehicle was driven;
  • the condition of the motor vehicle which was driven;
  • whether or not the driver intended to drive the motor vehicle further;
  • the road and traffic conditions at the time the offence took place; and
  • the possibility of danger to other road users at the time

Our solicitors are experienced professionals and specialise in driving offence matters. The penalties, if convicted, can be extremely severe, and as such, you should call us and seek advice at the earliest possible opportunity. Don’t delay talking to us sooner rather than later can benefit you. 

For free initial advice from a specialist solicitor call us now on 0121 733 7070.

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  • Privacy

    Any data that you submit using this web form office@gqs-solicitors.co.uk will be held by GQS Solicitors as Data Controller and will be held securely and in accordance with the General Data Protection Regulation for 12 months before being securely and confidentially destroyed

    Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose). 

    You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk

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