Drink Driving Offences & Penalties
CM Solicitors are experts in representing those who have been accused of drink driving offences. If you have been caught driving or attempting to drive a vehicle whilst over the legal limit, it is essential to contact our expert drink driving lawyers as soon as possible.
The drink driving limits are explained in law as:
- Breath – 35 micrograms per 100 milligrams of breath
- Blood – 80 milligrams per 100 millilitres of blood
- Urine – 107 milligrams per 100 millilitres of urine
What are the punishments?
Drink driving offences are taken very seriously and could amount to any of the following.
- Disqualification for a minimum of 12 months
- Disqualification of 3 years if you have a previous alcohol conviction within the last 10 years
- Fine of up to £5,000
- Up to 6 months imprisonment
- 3 to 11 penalty points (remain on driving licence for 10 years)
Defences for Drink Driving Offence
Our driving offence team will investigate whether the devices used to obtain an alcohol reading were used correctly and by a trained police officer. There may be a defence if certain complex rules and regulations were not followed. For example, prior to providing breath at the police station the officer conducting the procedure must warn you that if you fail to provide a breath analysis you will be committing a further offence. If this warning is not provided, this will provide you with a defence.
Even in circumstances where no technical defence can be mounted, it may be possible to save your licence by arguing special reasons. Examples of special reasons in cases of drink driving include spiked drinks, driving in a genuine emergency and driving only a very short distance.
There is a legal presumption that the amount of alcohol found in a motorist’s body at the police station would have been the same as the amount of alcohol in their body when they were driving however, CM have advised a number of clients who consumed alcohol after they drove but before they had a breath test and therefore wish to argue that they were not over the limit at the time they were driving. This is often described as the ‘hip flask defence’
For a no-obligation discussion about your case please contact David Seligman on 0800 1444 111, or email him at firstname.lastname@example.org. Alternatively, please complete our online form and one of our criminal defence lawyers will be in touch within 24 hours.