Drink Driving Offence
Specialist Drink Driving Solicitors
Drink driving is an extremely serious offence. A drink driving offence can result in immediate disqualification and in some cases imprisonment. It is essential that you contact our motoring defence team at the earliest opportunity in order to discuss your case. Contact Carter Moore Solicitors today on 0800 1 444 111 or fill in our enquiry form and one of our drink driving defence solicitors will get in touch as soon as possible.
To be convicted of drink-driving, the prosecution will have to prove that at the time of driving you had excess alcohol in your blood, urine or breath.
The current limits for drink driving are:
• 35 micrograms of alcohol in 100ml of breath
• 107mg of alcohol in 100ml of urine
• 80mg of alcohol in 100ml of blood
If a police officer stops you and has a reasonable suspicion you are under the influence of alcohol they can require that you to take a breathalyser test at the roadside. If you fail to provide a specimen this is a separate offence for which you can be arrested.
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 do so 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, Carter Moore have advised a number of clients who have 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’.
Punishment for Drink Driving Offences
If you are found guilty of drink driving, you will face compulsory disqualification for a minimum period of one year. This minimum period of disqualification increases to a minimum of three years if you have had a previous alcohol related conviction within the last 10 years. You could also receive a fine of up to £5000 and up to 6 months imprisonment.
If you are facing drink driving charges, call Carter Moore’s specialist driving offence team on 0800 1 444 111. Alternatively, please complete our enquiry form and one of our motoring solicitors will be in touch with you shortly.