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If you’re facing drink and drive charges, your licence and livelihood are at risk. At Scarsdale Solicitors, we are specialist drink and drive solicitors defending drivers across England and Wales. With a high success rate in motoring cases and over 20 years of experience, we know how to challenge the prosecution and protect your future. Our drink and drive solicitors have successfully defended hundreds of clients facing alcohol-related driving offences.
Whether you’ve been charged with driving over the limit, failing a breath test, or refusing to provide a specimen, our dedicated team will fight tirelessly to secure the best outcome for your case. Don’t face these serious charges alone. Contact us today for expert legal representation from experienced drink and drive solicitors who understand what’s at stake.
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Drink and drive is a criminal offence under Section 5 of the Road Traffic Act 1988. Specifically, it occurs when a person drives or attempts to drive a motor vehicle while the proportion of alcohol in their breath, blood, or urine exceeds the prescribed legal limit. Our drink and drive solicitors have extensive knowledge of this legislation and how to challenge prosecutions effectively.
The drink and drive offence is one of strict liability, which means the prosecution does not need to prove you intended to break the law. However, they must prove that you were driving, that you were on a road or public place, and that your alcohol level exceeded the legal limit. If the prosecution fails to prove any of these elements beyond reasonable doubt, you must be acquitted. Therefore, our drink and drive solicitors meticulously examine every aspect of the evidence.
According to UK drink drive legislation, the legal limits are:
Importantly, Scotland has a lower limit (22 micrograms breath / 50 milligrams blood / 67 milligrams urine), but our drink and drive solicitors practice exclusively in England and Wales where the higher limits apply.
Beyond the basic drink and drive offence, several related charges exist:
Driving or Attempting to Drive While Above the Limit (Section 5(1)(a))
This is the most serious alcohol driving charge. Specifically, it applies when you are caught driving or attempting to drive while over the legal limit. The penalties include mandatory driving disqualification of at least 12 months, unlimited fines, and up to 6 months imprisonment.
Being in Charge of a Vehicle While Above the Limit (Section 5(1)(b))
This lesser offence applies when you are in or near your vehicle while over the limit but not actually driving. For instance, you might be sleeping in your car after drinking. The penalties are less severe than driving: 10 penalty points or discretionary disqualification, and a fine up to £2,500. However, you have a defence if you can prove there was no likelihood of you driving while over the limit.
Driving While Unfit Through Drink (Section 4)
This offence focuses on impairment rather than alcohol levels. Specifically, the prosecution must prove your driving ability was impaired by alcohol, regardless of whether you exceeded the legal limit. This charge is less common but can be brought when breath tests are unavailable or unreliable.
Causing Death by Careless Driving When Under the Influence (Section 3A)
This is the most serious drink and drive related offence, carrying a maximum sentence of 14 years imprisonment. Our drink and drive solicitors provide expert Crown Court representation for these devastating cases.
The consequences of a drink and drive conviction are severe and life-changing. Understanding these penalties is crucial when deciding how to plead. Our drink and drive solicitors help you understand what you’re facing and how we can fight to protect you.
Mandatory Driving Ban
If convicted of drink and drive, you face a mandatory minimum 12-month driving disqualification. Importantly, this ban is absolute. There are no exceptions for driving to work, family emergencies, or any other circumstances. A ban means NO DRIVING for the entire period.
The actual length of your ban depends on several factors:
Furthermore, aggravating factors such as accidents, poor driving, carrying passengers, or previous convictions can increase these starting points. Therefore, experienced drink and drive solicitors presenting strong mitigation can make a significant difference to the length of your ban.
Financial Penalties
Since 2015, magistrates can impose unlimited fines for drink and drive offences. Previously, fines were capped at £5,000, but this limit was removed. Specifically, fines are calculated based on your weekly income:
Court Costs
In addition to fines, you must pay prosecution costs. If you plead guilty at the first hearing, costs typically range from £105 to £160. However, if convicted after trial, costs increase dramatically to £620 to £930 or more depending on case complexity.
Victim Surcharge
An additional victim surcharge applies based on your sentence. For fines, this is 10% of the fine value (minimum £34, maximum £190). For community orders, the surcharge is £95. For custodial sentences, it ranges from £128 to £156.
Consequently, the total financial cost of a drink and drive conviction can easily exceed £2,000 to £3,000 when combining fines, costs, and surcharges.
Imprisonment
While custody is relatively rare for first-time offenders with no aggravating features, imprisonment is possible. The maximum sentence is 6 months imprisonment in magistrates’ court.
Custodial sentences are more likely when:
Most importantly, even if imprisonment is unlikely for your specific circumstances, the threat exists. Therefore, our drink and drive solicitors work tirelessly to ensure you avoid custody where possible and receive the most lenient sentence available.
Criminal Record
A drink and drive conviction creates a permanent criminal record. This record has serious long-term consequences:
Employment Impact
Your criminal record affects job applications, particularly for:
Many employers conduct criminal record checks, and a drink and drive conviction can result in job offers being withdrawn or disciplinary action against existing employees.
Insurance Implications
Your car insurance premiums will increase dramatically, often by 200-500% or more. Many mainstream insurers will refuse to provide cover altogether, forcing you to use specialist convicted driver insurance brokers who charge premium rates. You must declare your conviction to insurers for at least 5 years.
International Travel
Certain countries restrict entry for people with criminal convictions. The USA considers drink and drive a “crime of moral turpitude,” which can result in visa refusal or require special waivers. Canada, Australia, and other countries also have strict policies regarding convicted drivers.
Licence Endorsement
The conviction remains on your driving licence for 11 years from the date of conviction. This long-term endorsement affects insurance, employment, and professional licensing for over a decade.
Spent Conviction
Under the Rehabilitation of Offenders Act 1974, a drink and drive conviction becomes “spent” after 5 years for adults (or 2.5 years for those under 18). Once spent, you generally don’t need to disclose it for most job applications. However, certain professions and roles requiring enhanced DBS checks may still require disclosure.
High Risk Offender Status
If your alcohol reading exceeded specific thresholds, you’ll be designated a “High Risk Offender” by the DVLA. This occurs when your breath reading exceeded 87.5µg (or blood 200mg, or urine 267.5mg), or if you have two drink and drive disqualifications within 10 years.
As a High Risk Offender, you must undergo medical assessment before your licence can be restored at the end of your ban. Specifically, the DVLA requires:
The medical assessment costs approximately £100-£150 (paid by you) and must demonstrate you don’t have an alcohol problem. If medical tests show evidence of ongoing alcohol misuse, the DVLA may refuse to restore your licence even after your ban expires.
Many people assume that providing a sample over the legal limit means automatic conviction. This is simply not true. Our experienced drink and drive solicitors regularly identify and successfully argue numerous technical and procedural defences that result in charges being dropped or acquittals at trial.
1. Challenging Breath Testing Procedures
Breath testing devices must follow strict operational procedures under Section 7 of the Road Traffic Act 1988 and PACE Code C. Even minor procedural breaches can render results inadmissible. Our drink and drive solicitors examine:
Improper Warning Given
Police must warn you under Section 7(7) that failure to provide a specimen may render you liable to prosecution. This warning must be clear, unambiguous, and given in terms you understand. If the warning was absent, unclear, or given after you attempted to provide, the entire procedure may be invalidated.
Insufficient Observation Period
Police should observe you for at least 20 minutes before evidential testing to ensure you don’t consume alcohol, regurgitate, vomit, or use mouth sprays. If this observation period was not properly maintained, breath test results may be unreliable due to mouth alcohol contamination.
Device Not Properly Calibrated
Evidential breath testing devices require regular calibration and maintenance according to strict schedules. Calibration records must be available for inspection. If calibration was overdue or records unavailable, our drink and drive solicitors challenge the device’s accuracy and reliability.
Failure to Provide Two Valid Samples
The procedure requires two breath samples, and the lower reading is used. If the device failed to obtain two valid samples, or if there were significant discrepancies between readings (typically more than 15%), this undermines reliability. Our drink and drive solicitors use these discrepancies to challenge the evidence.
Device Malfunction
Breath testing devices can malfunction due to software errors, sensor degradation, environmental factors, or radio frequency interference. Maintenance logs and error messages can reveal device problems that affected your reading.
Certain medical conditions can artificially elevate alcohol readings. Our drink and drive solicitors work with medical experts to demonstrate these conditions:
Gastroesophageal Reflux Disease (GERD)
GERD causes stomach contents to reflux into the mouth, introducing “mouth alcohol” that doesn’t reflect true blood alcohol levels. This mouth alcohol can significantly inflate breath readings. Medical evidence from your GP or gastroenterologist can support this defence.
Diabetes and Ketoacidosis
Diabetic ketoacidosis produces acetone on the breath. Some breathalysers cannot distinguish between acetone and ethanol, potentially producing false positive results. Medical records documenting your diabetes, HbA1c levels, and recent ketone episodes support this defence.
Respiratory Conditions
Asthma, COPD, and other lung conditions affect breathing patterns and breath volume, potentially influencing breath test accuracy. Inhaler use immediately before testing can also contaminate results.
Dental Work and Dentures
Dental work, crowns, bridges, and dentures can trap alcohol in the mouth, artificially elevating breath readings through mouth alcohol contamination rather than reflecting true blood alcohol levels.
Your blood alcohol level continues rising for 30-90 minutes after consuming your last drink. This phenomenon, known as “post-drinking absorption,” means you may have been under the limit while driving but over the limit when tested 30-60 minutes later at the police station.
This “rising blood alcohol” defence succeeds when:
Our drink and drive solicitors instruct expert toxicologists who perform these complex calculations. By presenting scientific evidence showing your blood alcohol was rising during the critical period, we can secure acquittals even when the evidential reading exceeded the limit.
The “hip flask defence” applies when you consumed alcohol AFTER driving but BEFORE providing the evidential specimen. Section 15(3) of the Road Traffic Offenders Act 1988 specifically provides for this defence.
Common scenarios include:
To establish this defence, you must prove on the balance of probabilities that you consumed alcohol after driving. Evidence includes witness testimony, receipts, CCTV footage, and expert back-calculations showing the alcohol consumed after driving accounts for exceeding the limit.
Our drink and drive solicitors know precisely how to present this complex defence effectively.
If someone spiked your drinks without your knowledge, you may have a complete defence. You must prove:
Toxicology evidence, witness testimony, and expert analysis support this defence. Our drink and drive solicitors gather this evidence and present it compellingly to the court.
The prosecution must prove beyond reasonable doubt that you were driving or attempting to drive. If police didn’t witness you driving, our drink and drive solicitors challenge this fundamental element:
Circumstantial Evidence Insufficient
Being found in or near your vehicle doesn’t automatically prove driving. If there are no witnesses, no CCTV, and you made no admissions, the prosecution cannot prove you drove.
Alternative Explanations
Perhaps someone else drove the vehicle to its location. Maybe you were a passenger. Possibly you were simply sitting in the parked vehicle. Without proof of driving, the prosecution case fails completely.
Identification Issues
Even if witnesses claim they saw someone driving, can they positively identify you as that person? Our drink and drive solicitors challenge witness identification evidence rigorously.
Even if convicted, “special reasons” arguments can persuade the court not to impose the mandatory driving ban or to significantly reduce its length. Special reasons are:
Examples of Special Reasons:
However, special reasons are difficult to establish and require expert legal presentation. Our drink and drive solicitors know precisely how to present special reasons arguments that courts will accept.
The Police and Criminal Evidence Act 1984 (PACE) and Code C govern police procedures for detention, treatment, and questioning. Breaches can render evidence inadmissible. Our drink and drive solicitors examine:
Even a single procedural error can be fatal to the prosecution’s case.
Breath tests can be contaminated by “mouth alcohol” that doesn’t reflect true blood alcohol levels. Sources include:
If mouth alcohol contaminated your sample, the reading doesn’t accurately reflect your actual blood alcohol level. Our drink and drive solicitors present evidence of contamination to challenge prosecution reliability.
For blood and urine samples, numerous issues can undermine prosecution evidence:
Our drink and drive solicitors instruct forensic experts to review laboratory procedures and identify errors that cast doubt on sample reliability.
Understanding what happens after being charged is crucial. Our drink and drive solicitors guide you through each stage to minimize stress and maximize your chances of success.
Initially, you'll receive a Notice of Intended Prosecution (NIP) outlining the charge. You must respond within 28 days providing driver details. Failing to respond within this deadline is a separate offence carrying 6 penalty points. Therefore, always respond promptly even if you dispute the allegation.
Subsequently, you'll be summoned to appear at the Magistrates' Court. Drink and drive cases are always heard at magistrates' courts initially, not Crown Court (unless they involve causing death or serious injury).
The summons includes:
At the first hearing, you'll enter your plea. This is a critical moment requiring careful consideration:
Importantly, you should only plead guilty if you genuinely have no defence. Our drink and drive solicitors must review your case before you make this life-changing decision.
Between plea and trial, our drink and drive solicitors work intensively preparing your defence:
Evidence Gathering
We obtain:
Expert Instruction
Where appropriate, we instruct:
Legal Analysis
We identify:
At trial, the prosecution must prove their case beyond reasonable doubt. The trial follows this structure:
Prosecution Case
The prosecution presents evidence first:
Defence Cross-Examination
Our drink and drive solicitors cross-examine prosecution witnesses to:
Defence Case
Subsequently, we present your defence:
Legal Submissions
Finally, our drink and drive solicitors make legal arguments explaining why the prosecution has failed to prove their case beyond reasonable doubt. We address each element of the offence, highlighting where proof is lacking.
Verdict
The magistrates (or District Judge) retire to consider their verdict. They must be satisfied beyond reasonable doubt of your guilt to convict. If the prosecution fails to prove even one element, you must be acquitted.
If convicted, the court proceeds to sentencing. Our drink and drive solicitors present powerful mitigation addressing:
Personal Circumstances
Mitigating Factors
Drink Drive Rehabilitation Course
We request that the court offers you the Drink Drive Rehabilitation Course, which can reduce your ban by up to 25% upon successful completion.
Effective mitigation can make a substantial difference, potentially:
Yes. If convicted and banned, you may be offered the opportunity to complete a Drink Drive Rehabilitation Course (DDRC). Upon successful completion, your ban can be reduced by up to 25%.
Eligibility
Not everyone is eligible. Specifically:
Course Content
The course typically:
Ban Reduction
Upon successful completion:
Critical Requirements
You must:
Warning: If you don’t complete the course successfully, you must serve the whole period of your original disqualification with no reduction.
However, our priority as drink and drive solicitors is helping you avoid conviction altogether through robust legal defence. The rehabilitation course is a secondary consideration if conviction is unavoidable.
Yes, absolutely. One of the most common scenarios our drink and drive solicitors deal with involves drivers stopped and tested the morning after drinking the previous evening. Many drivers are shocked to discover they’re still over the legal limit hours after they stopped drinking.
Alcohol is processed by your body at a fixed rate: approximately one unit of alcohol per hour for an average person. However, this varies significantly depending on:
Importantly, there’s no way to speed up alcohol elimination. Having a shower, drinking coffee, eating food, or exercising may make you feel better but won’t remove alcohol from your bloodstream faster.
Therefore, if you had a heavy drinking session that finished at midnight, you could easily still be over the limit at 8am or even later the next morning.
If you consumed 15 units of alcohol (for example, 7-8 pints of regular strength beer or a bottle of wine plus several spirits) finishing at midnight:
Our drink and drive solicitors have successfully defended numerous “morning after” cases by demonstrating:
Lack of Awareness
You genuinely believed you were under the limit based on how long had passed since drinking. While this doesn’t provide a complete defence, it’s powerful mitigation showing you had no intention to drink and drive.
Post-Driving Consumption
If you consumed any alcohol after driving but before being tested (even a small amount), the hip flask defence may apply. Back-calculations can demonstrate you were under the limit while actually driving.
Procedural Errors
Police procedural errors remain relevant regardless of when you consumed alcohol. Our drink and drive solicitors examine all procedures rigorously.
Medical Conditions
Medical conditions affecting test accuracy apply equally to morning after cases. GERD, for instance, can affect readings regardless of when you drank.
Courts recognize that morning after offenders typically have no intention to drink and drive and pose less risk than deliberate offenders. Therefore, strong mitigation can significantly reduce sentences. Our drink and drive solicitors emphasize:
Consequently, while conviction is still serious, effective mitigation can result in lower fines, shorter bans, and rehabilitation course offers.
The consequences of a drink and drive conviction extend far beyond the immediate penalties imposed by the court. Understanding the full impact is essential before deciding how to proceed with your case.
Your conviction remains on your driving record for 11 years from the date of conviction. This affects:
A drink and drive conviction creates a criminal record that becomes “spent” after 5 years for adults (or 2.5 years for those under 18) under the Rehabilitation of Offenders Act 1974. This affects:
Job Applications
You must disclose the conviction on job applications until it becomes spent. This particularly impacts:
Professional Licences
Professionals may face disciplinary action:
Visa Applications
Countries like the USA, Canada, and Australia may refuse visa applications. The USA considers drink and drive a “crime of moral turpitude,” which can result in visa refusal or require expensive waiver applications.
Enhanced DBS Checks
The conviction may still appear on enhanced disclosure checks even after it becomes spent, affecting roles working with children or vulnerable adults.
The impact on car insurance is devastating:
Premium Increases
Premiums can increase by 200-500% or even more. Some drivers see their annual premium rise from £500 to £2,500 or more.
Mainstream Insurers Refuse Cover
Many mainstream insurers will refuse to provide cover altogether. You’ll be classified as a high-risk driver requiring specialist convicted driver insurance.
Declaration Period
You must declare the conviction to insurers for at least 5 years. Some insurers ask about convictions in the past 5 years, while others ask for longer periods.
Insurance Fraud Risk
Failing to declare a conviction is insurance fraud. If you make a claim and the insurer discovers an undeclared conviction, they can:
Therefore, the financial cost of a drink and drive conviction extends thousands of pounds beyond court fines due to insurance increases.
Immediate Job Loss Risks
Employer Policies
Many companies have policies requiring employees to report criminal convictions. Failure to report can result in dismissal for gross misconduct. Even employees whose jobs don’t involve driving may face disciplinary action under company policies.
Future Employment
Job applications often ask “Do you have any unspent criminal convictions?” You must answer honestly, which can significantly reduce your chances of securing positions, particularly in professional or trust-based roles.
The true cost of a drink and drive conviction includes:
Total financial impact over 5 years can easily exceed £20,000 to £50,000 when considering all factors.
Beyond financial and employment consequences:
Therefore, the stakes are incredibly high. Fighting your drink and drive charges with expert legal representation from experienced drink and drive solicitors is essential to protect your future.
There are several dangerous misconceptions about drink and drive charges. Our drink and drive solicitors regularly encounter these myths and want to set the record straight.
Reality: This is completely false. Even if you provided a breath, blood, or urine sample over the limit, numerous technical and procedural defences may be available. Police regularly make procedural errors, testing devices can malfunction, and medical conditions can affect readings. Therefore, expert drink and drive solicitors can identify these defences and fight your case successfully.
Reality: There’s no safe number of drinks before driving. Alcohol affects everyone differently depending on weight, metabolism, gender, food consumption, and drink strength. Two pints of regular-strength lager might put an average-weight male close to or over the limit, while a lighter person or someone drinking stronger beer could be significantly over. Therefore, the only safe approach is to avoid alcohol completely if you’re driving.
Reality: Nothing speeds up alcohol elimination from your system. Your body processes approximately one unit of alcohol per hour, and this cannot be accelerated. Coffee, food, showers, or fresh air may make you feel more alert but won’t reduce your blood alcohol level. Therefore, if you’re over the limit, you’ll remain over the limit until sufficient time has passed.
Reality: The cost of conviction (driving ban, massive insurance increases, potential job loss, and criminal record) far exceeds legal fees. We offer competitive fixed fees, payment plans, and free initial consultations to make expert representation accessible. Professional representation from drink and drive solicitors dramatically improves your chances of keeping your licence and avoiding a conviction. Therefore, you cannot afford not to instruct expert solicitors.
Reality: Breathalyzers can and do malfunction. They require proper calibration, regular maintenance, and correct operation. Certain medical conditions (GERD, diabetes) can cause falsely elevated readings. Mouth alcohol from recent consumption or dental work can affect results. Therefore, our drink and drive solicitors regularly challenge device accuracy and successfully undermine breath test evidence.
Reality: While courts recognize that morning after offenders typically have no malicious intent and may impose slightly lower sentences, you still face the same mandatory driving ban and criminal conviction as deliberate drink drivers. Ignorance of still being over the limit is not a defence. However, expert drink and drive solicitors can present powerful mitigation in morning after cases to minimize penalties and may identify technical defences.
Reality: This depends entirely on your specific circumstances. Blood samples have their own evidential issues and procedural requirements. Blood collection procedures must follow strict medical protocols, samples can be contaminated, chain of custody issues can arise, and laboratory errors can occur. Expert advice from drink and drive solicitors is essential before exercising any statutory option.
Reality: Roadside preliminary breath tests are screening tests only and are NOT admissible as evidence in court. Only the evidential breath test conducted at the police station using an approved device can be used to prosecute you. Therefore, failing a roadside test doesn’t automatically mean conviction.
Reality: Refusing or failing to provide a specimen without reasonable excuse is itself a separate criminal offence under Section 7(6) Road Traffic Act 1988. The penalties are identical to drink and drive conviction: mandatory driving ban, unlimited fine, and up to 6 months imprisonment. Therefore, refusal doesn’t help your situation.
Reality: Special reasons arguments are highly technical and difficult to establish. The circumstances must be peculiar to the offence itself (not the offender), must not amount to a defence, must be directly connected with the commission of the offence, and must be something the court ought to consider. Success requires expert legal presentation from experienced drink and drive solicitors.
If you’ve been charged with drink and drive, taking the right steps immediately can significantly improve your case outcome.
This situation feels devastating, but with expert legal representation, many people charged with drink and drive are acquitted or receive significantly reduced penalties. Being charged doesn't mean being convicted. Numerous defences may be available even if you provided a sample over the limit.
The sooner we can review your case, the stronger your defence will be. Contacting drink and drive solicitors early allows us to:
Therefore, don't delay. Contact us today for immediate expert advice.
Collect any relevant paperwork to help us assess your case:
The more information you can provide, the better we can evaluate your defence options.
Take immediate steps to preserve evidence:
Preserving evidence immediately is critical because memories fade, CCTV is deleted, and witnesses become unavailable.
Avoid discussing the details of your case:
Anything you say publicly could potentially be used against you. Therefore, keep details confidential until you've consulted expert drink and drive solicitors.
If you've been charged, you may have been given a temporary ban or your licence may have been confiscated. Therefore:
Driving while disqualified is a serious separate offence that can result in custody. Therefore, comply strictly with any driving restrictions.
Many people assume they have no choice but to plead guilty. However, this is a serious mistake. Specifically:
Therefore, always get expert legal advice from drink and drive solicitors before making any decisions about your plea. Even if you do ultimately plead guilty, our drink and drive solicitors can present powerful mitigation to minimize your sentence significantly.
Call us now on +44 (0) 161 660 6050 or book online for a confidential, no-obligation consultation. We'll:
We offer evening and weekend appointments for your convenience. Therefore, there's no reason to delay getting the expert advice you need.
When facing drink and drive charges, choosing the right legal team can make all the difference to your case outcome. Here’s why clients across England and Wales trust our drink and drive solicitors:
Our proven track record speaks for itself. As leading drink and drive solicitors, we’ve successfully defended hundreds of alcohol-related driving cases across England and Wales. Our high success rate in motoring offence cases demonstrates our expertise and commitment to achieving the best possible outcomes for our clients.
Shazia Ali brings over 20 years of specialist experience in road traffic law, with particular expertise in drink and drive and alcohol-related driving offences. Shazia’s deep knowledge of breath test procedures, evidential requirements, and sentencing guidelines ensures you receive the highest quality representation.
Drink and drive cases involve intricate legal and technical details. We have in-depth knowledge of:
Therefore, our technical expertise allows us to identify defences other solicitors might miss.
We believe in honest, upfront pricing:
We know this is likely your first encounter with the criminal justice system. Therefore, our drink and drive solicitors provide:
When facing drink and drive charges, time is critical. We offer:
While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts. We regularly appear at courts throughout the country defending drink and drive cases with consistently successful results.
With over 244 verified five-star reviews and a 4.8/5 rating, our drink and drive solicitors are consistently praised for:
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
Speeding Offence UK – Expert Legal Defence for All Speeding Charges
Furthermore, our drink driving defence includes specialist support for:
Additionally, our drug driving expertise covers:
Drug Driving Offences – Expert Legal Defence for Drug Driving Charges
Moreover, we defend all “failing to” offences including:
Consequently, our comprehensive motoring defence also includes:
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
Our drink and drive solicitors answer the most common questions we receive from clients facing alcohol-related driving charges.
The legal limit is 35 micrograms of alcohol per 100 millilitres of breath, or 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. If your alcohol level exceeds any of these limits while driving, you commit the offence. Scotland has a lower limit (22µg breath / 50mg blood / 67mg urine), but we practice in England and Wales only.
The mandatory minimum driving ban is 12 months for a first offence. However, the actual length depends on your alcohol reading:
If you have a previous drink and drive conviction within 10 years, the minimum ban increases to 36 months. The Drink Drive Rehabilitation Course can reduce your ban by up to 25% if offered by the court and successfully completed.
In the vast majority of cases, no. The driving ban for drink and drive is mandatory by law. However, there are two rare exceptions:
Therefore, the best way to avoid a ban is to fight the charge with expert legal representation.
Prison sentences are relatively rare for first-time drink and drive offences unless your reading was very high or you caused an accident. Specifically:
Previous convictions for drink and drive or other offences increase the risk of custody. However, expert drink and drive solicitors can present powerful mitigation to help you avoid prison even in serious cases.
Unfortunately, dramatically. Insurance premiums can increase by 200-500% following a drink and drive conviction. Many mainstream insurers will refuse to provide cover altogether, forcing you to use specialist convicted driver insurance brokers who charge premium rates. You must declare your conviction to insurers for at least 5 years. Therefore, the financial impact extends far beyond court fines.
No. A driving ban is absolute. You cannot drive any vehicle on any road for any purpose during the ban period. This includes:
Driving while disqualified is a serious criminal offence carrying up to 6 months imprisonment. Therefore, you must make alternative arrangements for work and personal transport during your ban.
You can still be prosecuted and convicted even if you were driving the morning after drinking the previous evening. If you're over the legal limit at the time of driving, you commit the offence regardless of when you consumed the alcohol.
However, our drink and drive solicitors recognize that morning after cases deserve sympathetic treatment. Courts may impose slightly lower sentences recognizing the lack of deliberate intent. Furthermore, technical defences may still apply even in morning after scenarios.
Police cannot stop you completely randomly without any reason. They must have grounds to require a breath test:
However, "reasonable suspicion" can be based on very little (such as smelling alcohol or observing minor driving errors). Therefore, in practice, police have broad powers to require breath tests.
Refusing or failing to provide a specimen without reasonable excuse is a separate offence under Section 7(6) of the Road Traffic Act 1988. The penalties are identical to drink and drive itself: mandatory driving bans, fines, and potential imprisonment.
Furthermore, refusal is often viewed more seriously by courts than drink and drive because it suggests consciousness of guilt. Therefore, you should provide specimens when requested unless you have a genuine medical reason preventing you from doing so.
Your body processes approximately one unit of alcohol per hour. However, this varies significantly between individuals. Factors affecting elimination rate include:
There's no way to speed up alcohol elimination. Therefore, if you had a heavy drinking session, you could still be over the limit 12+ hours later.
Absolutely not. Drink and drive cases involve complex technical evidence, strict procedural requirements, and life-changing consequences. Specifically:
Therefore, professional legal representation is an investment in protecting your licence, livelihood, and future.
Contributory fault by another driver is not relevant to drink and drive charges. The offence focuses on whether your alcohol level exceeded the legal limit while driving, not on fault for any accident or incident. However, if there was an accident and another driver contributed to it, this may be relevant mitigation when sentencing.
A drink and drive conviction may affect your ability to enter the USA as it can be considered a "crime of moral turpitude." You may be refused entry or require a special waiver. Canada also has strict policies on admitting people with drink and drive convictions. Therefore, international travel can be significantly impacted for years.
Don’t let a drink and drive charge destroy your life. Contact our expert drink and drive solicitors today.
Your licence, livelihood, and future depend on the decisions you make now. With over 20 years of experience, a high success rate in motoring cases, and hundreds of satisfied clients, Scarsdale Solicitors provides the expert legal defence you need.
Call +44 (0) 161 660 6050 now or book your free consultation online today.
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I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs
