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Drink Driving

If you face a motoring  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 from one of our solicitors. We provide representation in Magistrates Courts and Police Stations across the South West including  Bath, Bristol. Chippenham, Swindon, Stroud, Salisbury, Taunton, Weston Super Mare, Yeovil, Cardiff, Newport, Gloucester, Cheltenham, Reading, Winchester, Basingstoke, Oxford, Southampton, Portsmouth, Bournemouth, Poole and Exeter. Our solicitors have an enviable success rate in matters of this type.

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. For the prescribed limits please click here.

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 of a drink driving offence at court if reasonable doubt about the accuracy of the machine can be brought. In addition, if it can be shown that the machine was not properly operated then this may give rise to a defence to a drink drive allegation.

Other factors which may assist your defence could include a solicitor 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 by our drink drive solicitors 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 of drink driving and will keep your driving licence.

Driving Whilst Unfit through Drink or Drugs

To be found guilty of this driving 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 prosecuting solicitor 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 our solicitors then we can question the strength of this evidence and thereby help you to keep your driving licence.

The Penalty for Both of the Above Offences

The penalty for these drink drive offences will partly depend on how far over the prescribed limit the driver was or how unfit through drink or drugs the Magistrates court believes him to be. In serious cases the court can impose a prison sentence of up to six months. The court must impose a driving 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 driving 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 quality legal advice from one of our drink drive solicitors.

 

Representing clients throughout the South West at locations including:
Bath l Bristol l Chippenham l Swindon l Stroud l Salisbury
Taunton l Weston-Super-Mare l Yeovil l Cardiff l Newport l Gloucester l Cheltenham Reading l Winchester l Basingstoke l Oxford l Southampton l Portsmouth l Bournemouth Poole l Exeter