A drink driving allegation can threaten your licence, your job, and your reputation, and because these cases move from arrest to courtroom within weeks, speaking to a drink driving solicitor early is essential if your position is to be protected.
Many people assume the outcome in these cases is fixed and so representation is pointless. In fact, the penalties vary widely with circumstances, and the difference between a well-handled case and an unrepresented one can often be measured in months off the road. This article explains the offences and limits, the penalties courts impose, the circumstances in which charges are defended or bans avoided, and what to expect at court.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
What Are The Offences And The Legal Limits?
The principal offence is driving or attempting to drive with alcohol above the prescribed limit, which in England and Wales is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. Because alcohol affects people differently, there is no safe rule of thumb about how many drinks these figures represent.
Three related offences catch situations short of drink driving. The first is being in charge of a vehicle while over the limit, for example, sitting in a stationary car with the keys, is an offence in its own right. The second is driving while unfit through drink, which applies regardless of the reading, and the third is failing without reasonable excuse to provide a specimen when required, which is a separate offence carrying penalties equivalent to the main offence.
What Penalties Do The Courts Impose?
A conviction for driving with excess alcohol carries an obligatory disqualification of at least twelve months, an unlimited fine and, in the more serious cases, community penalties or up to six months’ imprisonment.
The length of the ban and the severity of the sentence rise with the reading and with aggravating features, such as an accident, carrying passengers, or previous convictions, and a second conviction within ten years carries a minimum three-year disqualification. Convicted drivers with very high readings, those who fail to provide a specimen, and repeat offenders also fall within the high-risk offender scheme, requiring a medical assessment before the licence is returned.
Well-presented mitigation, addressing the circumstances of the offence and the offender, genuinely influences where within the range the sentence lands.
Can A Drink Driving Charge Be Defended?
Yes, a drink driving charge can sometimes be defended, and any possible defences should always be assessed in advance of any plea. The prosecution must prove the procedure was conducted lawfully, from the requirement for the specimen through the operation and reliability of the testing equipment to the statutory paperwork, and failures can be fatal to the case. Substantive defences arise less often but do arise, including the hip flask defence, where alcohol was consumed after driving ended, supported by expert evidence, and genuine medical reasons for failing to provide a specimen.
Separately, the law recognises special circumstances, such as laced drinks or a genuine emergency which, while not defences, can persuade a court not to disqualify or endorse even where the offence is proved. These arguments are technical, require evidence, and are rarely successful without representation.
What Happens At Court, And How Quickly?
You will usually be charged or summoned to appear before the magistrates’ court within weeks of the incident, and you must attend. The court can deal with the whole case at the first hearing, including disqualification, so decisions about plea and any special reasons argument need to be made at an early stage. A guilty plea at the earliest opportunity attracts the maximum credit against sentence, which is one reason an early, honest assessment of the evidence is so valuable. It tells you whether to fight the charge, and if not, how best to limit the damage. If work or family circumstances depend on your licence, tell your drink driving solicitor at the outset so the mitigation and any course offer can be dealt with properly.
How Johnson Astills Can Help
The motoring team within our accredited criminal defence department represents drivers across Leicestershire at every stage, from the police station procedure through first hearings, trials, and special reasons arguments, with the backing of a crime team headed by a Higher Court Advocate and a 24-hour service when arrests happen out of hours.
We will examine the procedure followed in your case, advise you plainly on your realistic options, and fight for the best available outcome, whether that is an acquittal, an avoided ban, or the shortest disqualification the court can properly impose.
If you have been charged with a drink driving offence or have a court date approaching, complete the enquiry form at www.johnsonastills.com without delay, marking it for the attention of the crime team, and we will contact you promptly to discuss your case in confidence.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
“I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.”
