Drink Driving

If you face an allegation of driving whilst over the limit or driving whilst unfit through drink or drugs the repercussions could be very serious, therefore we strongly urge you to seek legal advice.

Driving Whilst Over the Limit:

It is an offence to drive or attempt to drive on a road or other public place when over the prescribed limit. The prescribed limits are as follows:

BREATH - the limit is 35ug of alcohol in 100ml of breath
BLOOD - the limit is 80mg of alcohol in 100ml of blood
URINE - the limit is 107mg of alcohol in 100ml of urine

If the police require a sample of breath for analysis it will be analysed in a machine approved by the Secretary of State. However, even if you are found to be over the limit you can still be found not guilty at court if reasonable doubt about the accuracy of the machine can be achieved. In addition, if it can be shown that the machine was not properly operated then this may give rise to a defence.

Other factors which may assist your defence could include arguing that the alcohol was consumed after the driving took place (this is commonly known as the "hip flask defence"). It may also be argued that the car in question was not being driven in a public place. If any of the fore mentioned arguments are successful then you will be found not guilty and will keep your licence.

Driving Whilst Unfit through Drink or Drugs

To be found guilty of this offence the driver does not have to be tested to see if they are above the limit. The court must just be satisfied that the driver drove when his ability to drive was impaired by drink or drugs. This can be hard for the prosecution to prove. The court may take note of evidence as to whether the driving was erratic or whether the drivers speed was impaired or whether there was a lack of coordination or mental confusion. If you instruct us then we can question the strength of this evidence and thereby help you to keep your licence.

The Penalty for Both of the Above Offences

The penalty for these offences will partly depend on how far over the prescribed limit the driver was or how unfit through drink or drugs the court believed him to be. In serious cases the court can impose a prison sentence of up to six months. The court must impose a ban of at least one year (and can order that a driving test is taken again) unless there are special reasons. In this case an example of special reasons would be if the accused drinks were spiked without his knowledge prior to him driving. If the person being sentenced has a previous conviction in the last 10 years for drink driving or failing to provide a specimen of breath (blood or urine) the ban rather than being for at least a year becomes for at least three years unless again there are special reasons. As can be seen these are serious allegations and if you face such an allegation we would therefore urge you to, as a matter of extreme urgency, seek legal advice.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

"Defending the motorist throughout England and Wales"