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Drink Driving Limit Solicitors: Expert Legal Defence for Excess Alcohol Charges

Being charged with exceeding the drink driving limit can have devastating consequences for your licence, livelihood, and future. At Scarsdale Solicitors, we are expert drink driving limit solicitors who specialise in defending drivers accused of driving with excess alcohol across England and Wales. Moreover, with a proven high success rate in motoring offence cases and over 20 years of specialist experience, we know exactly how to challenge the prosecution’s evidence and protect your rights. Furthermore, our drink driving limit solicitors have successfully defended hundreds of clients facing excess alcohol charges.

Whether you blew slightly over the limit, were stopped on the “morning after”, or face accusations of high-level intoxication, our dedicated team of drink driving limit solicitors will fight tirelessly to secure the best possible outcome for your case. Therefore, don’t face these serious charges alone—contact us today for expert legal representation.

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What is the UK Drink Driving Limit?

Understanding the Legal Alcohol Limits for Drivers

The drink driving offence is governed by Section 5 of the Road Traffic Act 1988, which makes it an offence to drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in a person’s breath, blood, or urine exceeds the prescribed limit. Specifically, our drink driving limit solicitors have extensive knowledge of this legislation and how to challenge it effectively.

The Drink Driving Limit in England, Wales and Northern Ireland

The legal drink driving limits in England, Wales, and Northern Ireland are:

  • 35 micrograms of alcohol per 100 millilitres of breath (the ‘breath test limit’)
  • 80 milligrams of alcohol per 100 millilitres of blood (the ‘blood alcohol limit’)

107 milligrams of alcohol per 100 millilitres of urine (the ‘urine limit’)

The Drink Driving Limit in Scotland

Scotland has a lower drink driving limit, which was reduced in December 2014 to align with most other European countries:

  • 22 micrograms of alcohol per 100 millilitres of breath
  • 50 milligrams of alcohol per 100 millilitres of blood
  • 67 milligrams of alcohol per 100 millilitres of urine

Importantly, there are strict alcohol limits for drivers, but it’s impossible to say exactly how many drinks this equals because each person is different. Therefore, factors such as your weight, age, sex, metabolism, and the amount of food you’ve eaten all affect how alcohol is processed in your body.

What is the UK Drink Driving Limit?

How Does the UK Compare to European Countries?

England, Wales, and Northern Ireland (along with Malta) have one of the highest drink drive limits in Europe at 0.8 g/l (80mg per 100ml of blood). Consequently, the UK is significantly out of step with the rest of Europe. Moreover, the table below illustrates just how much higher the UK limit is compared to our European neighbours.

European Drink Driving Limits Table (2025)

The following table shows the maximum drink driving limits across Europe for standard drivers as well as special limits for commercial and novice drivers where applicable. Limits are shown in grams per litre of blood.

Country

Standard Limit

Commercial Drivers

Novice Drivers

Austria

0.5

0.1

0.1

Belgium

0.5

0.2

0.5

Bulgaria

0.5

0.5

0.5

Croatia

0.5

0.0

0.0

Cyprus

0.5

0.2

0.2

Czech Republic

0.0

0.0

0.0

Denmark

0.5

0.5

0.2 (from 1 July 2025)

Estonia

0.2

0.2

0.2

Finland

0.5

0.5

0.5

France

0.5

0.5 (0.2 bus drivers)

0.2

Germany

0.5

0.0

0.0

Greece

0.5

0.2

0.2

Hungary

0.0

0.0

0.0

Ireland

0.5

0.2

0.2

Italy

0.5

0.0

0.0

Latvia

0.5

0.5

0.2

Lithuania

0.4

0.0

0.0

Luxembourg

0.5

0.2

0.2

Malta

0.5

0.2

0.2

Netherlands

0.5

0.5

0.2

Norway

0.2

0.2

0.2

Poland

0.2

0.2

0.2

Portugal

0.5

0.2

0.2

Romania

0.0

0.0

0.0

Slovakia

0.0

0.0

0.0

Slovenia

0.5

0.0

0.0

Spain

0.5

0.3

0.3 (0.0 for under 18s)

Sweden

0.2

0.2

0.2

UK [i]

0.8

0.8

0.8

Switzerland

0.5

0.1

0.1

[i] Not including Scotland where the legal BAC is 0.5g/l for all categories.

Five European countries—the Czech Republic, Romania, Slovakia, Hungary, and Azerbaijan—enforce a zero-tolerance policy with a 0.00% blood alcohol content limit, setting the strictest standard for drink driving in Europe.

Importantly, it is notable that many countries have lower drink driving limit levels for commercial and novice drivers. Moreover, this reflects a recognition that certain drivers require even stricter limits to ensure road safety.

The Court Process for Drink Driving Cases
1

Notice of Intended Prosecution (NIP)

Initially, you'll receive a Notice of Intended Prosecution outlining the charge. Specifically, you must respond within 28 days providing driver details. Importantly, failing to respond within this deadline is a separate offence carrying 6 penalty points.

2

Court Summons

Subsequently, you'll be summoned to appear at the Magistrates' Court. Moreover, drink driving cases are always heard at magistrates' courts, not Crown Court (unless they involve causing death or serious injury).

3

First Hearing

At the first hearing, you'll enter your plea:

  • Guilty: The court will proceed to sentencing, considering any mitigation your drink driving limit solicitors present
  • Not Guilty: The case will be listed for trial, typically 8-12 weeks later

Importantly, entering a guilty plea at the first opportunity can reduce your sentence by up to one-third. However, you should only plead guilty if you genuinely have no defence. Therefore, consulting expert drink driving limit solicitors before making this life-changing decision is essential.

4

Trial

At trial, the prosecution must prove beyond reasonable doubt that:

  • You were driving or attempting to drive a mechanically propelled vehicle
  • On a road or other public place
  • With alcohol in your breath, blood, or urine exceeding the prescribed limit
  • The procedures followed were correct and lawful

Moreover, our drink driving limit solicitors cross-examine police officers, challenge technical evidence, and present your defence compellingly. Furthermore, we instruct expert witnesses when needed to support technical defences.

5

Sentencing

If convicted, the court considers the Magistrates' Court Sentencing Guidelines, aggravating and mitigating factors, before imposing penalties. Specifically, our drink driving limit solicitors present powerful mitigation addressing:

  • Your personal circumstances and the impact disqualification will have
  • Your employment situation and dependents
  • Character references and previous good character
  • Remorse and insight into your actions
  • Steps taken since the offence (alcohol counselling, rehabilitation courses)

Consequently, effective mitigation can significantly reduce the length of your driving ban and help you avoid custody in high-reading cases.

What to Do If You've Been Charged with Drink Driving
1

Don't Panic

This situation feels devastating, but with expert legal representation, many people charged with drink driving are acquitted or receive significantly reduced penalties. Moreover, being charged doesn't mean being convicted. Furthermore, numerous defences may be available even if you provided a sample over the limit.

2

Contact Us Immediately

The sooner we can review your case, the stronger your defence will be. Specifically, contacting drink driving limit solicitors early allows us to:

  • Preserve crucial evidence such as CCTV footage, body-worn video, and witness accounts before they're lost
  • Obtain breath testing device calibration records promptly while they're still available
  • Review custody records while events are fresh
  • Secure medical evidence supporting any medical condition defences
  • Challenge police procedures while memories are fresh

Therefore, don't delay—contact us today for immediate expert advice.

3

Gather Your Documents

Collect any relevant paperwork to help us assess your case:

  • Notice of Intended Prosecution (NIP)
  • Court summons and charge sheet
  • Police custody record (sometimes called a station bail notice)
  • Medical records relating to any conditions that might affect breath test accuracy (asthma, GORD, diabetes)
  • Receipts or evidence of what you drank and when
  • Any correspondence with the police

Moreover, the more information you can provide, the better we can evaluate your defence options.

4

Don't Discuss Your Case Publicly

Avoid discussing the details of your case:

  • On social media – posts can be used as evidence against you
  • With friends or family beyond what's necessary
  • With your employer until you've received legal advice on how to approach this
  • With anyone except your solicitor – only discussions with your solicitor are legally privileged

Importantly, anything you say could potentially be used against you. Therefore, keep details confidential until you've consulted expert drink driving limit solicitors.

5

Don't Accept the Charge Without Fighting

Many people assume they have no choice but to plead guilty. However, this is a serious mistake. Specifically:

  • Numerous technical defences may apply even if you provided a sample over the limit
  • Procedural errors by police are extremely common and can be fatal to the prosecution
  • Medical conditions or equipment malfunctions may explain elevated readings
  • Special circumstances may apply reducing or eliminating penalties

Therefore, always get expert legal advice before making any decisions about your plea. Moreover, even if you do ultimately plead guilty, our drink driving limit solicitors can present powerful mitigation to minimize your sentence significantly.

6

Book Your Free Consultation

Call us now or book online for a confidential, no-obligation consultation. Specifically, we'll:

  • Review your case thoroughly
  • Explain your options clearly and honestly
  • Advise on realistic outcomes based on our extensive experience
  • Outline costs upfront with no hidden fees
  • Answer all your questions about the process

Furthermore, we offer evening and weekend appointments for your convenience. Therefore, there's no reason to delay getting the expert advice you need.

Why Choose Scarsdale Solicitors for Drink Driving Limit Defence?

We Understand the Technical Complexities

Drink driving limit cases involve intricate legal and technical details. Consequently, we have in-depth knowledge of:

  • Road Traffic Act 1988 Section 5 requirements
  • PACE procedures and Code C custody requirements
  • Breath testing device specifications, calibration, and approved types
  • Blood and urine sampling procedures and medical requirements
  • Sentencing guidelines and effective mitigation strategies
  • Special reasons and exceptional hardship arguments

Therefore, our technical expertise allows us to identify defences other solicitors might miss.

Transparent Pricing, No Hidden Costs

We believe in honest, upfront pricing:

  • Fixed fees for straightforward guilty plea cases
  • Clear hourly rates for complex contested trials
  • Free initial consultation for all clients to assess your case
  • Payment plans available to make expert representation affordable

No hidden charges – our quote is our quote

Personalised, Compassionate Service

We know this is likely your first encounter with the criminal justice system. Therefore, our drink driving limit solicitors provide:

  • Clear, jargon-free explanations of your case and options
  • Regular updates on case progress via phone, email, or face-to-face meetings
  • Evening and weekend appointments for your convenience
  • Multilingual support (English, Urdu, Punjabi) for clients who need it

Compassionate approach recognizing the stress and anxiety you’re experiencing

Rapid Response Times

  • Guaranteed call back within 30 minutes during office hours

  • 24/7 availability for urgent matters

  • Immediate case assessment

Nationwide Representation

While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts and Crown Courts.

Outstanding Client Reviews

With over 244 verified five-star reviews and a 4.8/5 rating, our clients consistently praise our:

  • Professional expertise

  • Clear communication

  • Successful outcomes

  • Supportive approach
What to Do If You've Been Charged with Failing to Provide

Our experienced legal team explores every potential defence, including:

1

Don't Panic

This situation feels overwhelming, but with expert legal representation, many people charged with failing to provide are acquitted or receive significantly reduced penalties.

2

Contact Us Immediately

The sooner we can review your case, the stronger your defence will be. Early intervention allows us to:

  • Preserve crucial evidence
  • Obtain medical records promptly
  • Challenge police procedures while memories are fresh
  • Prepare the strongest possible defence
3

Gather Your Documents

Collect any relevant paperwork:

  • Notice of Intended Prosecution
  • Court summons
  • Police custody record
  • Medical records (especially relating to respiratory conditions, anxiety, or phobias)
  • Any correspondence with the police
4

Don't Discuss Your Case

Avoid discussing the details of your case on social media or with anyone except your solicitor. Anything you say could potentially be used against you.

5

Book Your Free Consultation

Call us now or book online for a confidential, no-obligation consultation. We'll assess your case and explain your options clearly.

Common Myths About Failing to Provide Cases

Myth 1: "I have to plead guilty because I didn't provide the sample"

Reality: Many defences exist, particularly if you had a reasonable excuse, police made procedural errors, or equipment malfunctioned

Myth 2: "Saying I tried doesn't matter. I still failed"

Reality: Genuine attempts that fail due to medical or physical reasons are treated very differently from deliberate refusal.

Myth 3: "I'll get the same penalty whether I defend or plead guilty"

Reality: Fighting and winning means no conviction, no ban, no record. Even if convicted after trial, strong mitigation can reduce sentences. Credit for a guilty plea can reduce the sentence by up to one-third.

Myth 4: "I can't afford a solicitor"

Reality: We offer competitive fixed fees, payment plans, and free initial consultations. The cost of conviction (ban, insurance hikes, job loss) far exceeds legal fees.

Myth 5: "The equipment is always accurate"

Reality: Breathalysers can malfunction, require proper calibration, and may fail to register genuine attempts.

Other Practice & Services Areas

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.

Motoring Offences

Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:

 

Drink Driving Services

Furthermore, our drink driving defence includes specialist support for:

 

Drug Driving Services

Additionally, our drug driving expertise covers:

 

Failing To Offences

Moreover, we defend all “failing to” offences including:

 

Other Motoring Services

Consequently, our comprehensive motoring defence also includes:

 

Criminal Defence

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.

 

Immigration & Sponsorship

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.

 

Family Law & Divorce

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.

 

Get Expert Legal Help Today

Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.

Call: +44 (0) 161 660 6050

Serving Clients Across 170+ UK Locations

Expert legal services in major cities, towns, and boroughs throughout England and Wales.

North West England

Yorkshire & Humber

North East England

East of England

South West England

Frequently Asked Questions

Understanding offences and process helps you make informed decisions about your future.

The minimum mandatory driving ban for drink driving is 12 months. However, the actual length depends on your breath, blood, or urine reading:

  • Low readings (36-59 micrograms breath): 12-16 months
  • Medium readings (60-89 micrograms breath): 17-22 months
  • High readings (90-119 micrograms breath): 23-28 months
  • Very high readings (120+ micrograms breath): 29-36 months

Moreover, if you have a previous drink driving conviction within 10 years, the minimum ban increases to 36 months.

In the vast majority of cases, no. The driving ban for drink driving is mandatory by law. However, there are two rare exceptions:

  • Special reasons – if you can demonstrate special reasons (such as laced drinks or driving a very short distance in an emergency), the court has discretion not to ban you
  • Being acquitted – if our drink driving limit solicitors successfully defend your case, you avoid conviction and therefore avoid any ban

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 driving offences unless your reading was very high or you caused an accident. Specifically:

  • Low to medium readings typically result in fines
  • High readings (90+ micrograms) may result in community orders
  • Very high readings (120+ micrograms) may result in suspended sentences or immediate custody
  • Causing injury or death dramatically increases the likelihood of immediate custody

Moreover, previous convictions for drink driving or other offences increase the risk of custody. However, expert drink driving limit solicitors can present powerful mitigation to help you avoid prison even in serious cases.

Unfortunately, dramatically. Specifically, insurance premiums can increase by 200-500% following a drink driving conviction. Moreover, many mainstream insurers will refuse to provide cover altogether, forcing you to use specialist convicted driver insurance brokers who charge premium rates.

Furthermore, 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. Specifically, this includes:

  • Driving for work purposes
  • Driving in emergencies
  • Driving on private land that's accessible to the public

Moreover, 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. Specifically, 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 driving limit solicitors recognize that morning after cases deserve sympathetic treatment. Moreover, 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. Specifically, they must have grounds to require a breath test:

  • Reasonable suspicion you've been drinking
  • You've committed a moving traffic offence
  • You've been involved in an accident
  • At a designated checkpoint where all vehicles are being stopped

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. Moreover, the penalties are identical to drink driving itself—including mandatory driving bans, fines, and potential imprisonment.

Furthermore, refusal is often viewed more seriously by courts than drink driving 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. Specifically, factors affecting elimination rate include:

  • Weight, age, and gender
  • Liver function and metabolism
  • Amount of food consumed
  • Type and strength of drinks

Moreover, 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 driving cases involve complex technical evidence, strict procedural requirements, and life-changing consequences. Specifically:

  • The penalties of conviction (ban, insurance costs, job loss, criminal record) far exceed legal fees
  • Expert drink driving limit solicitors dramatically improve your chances of success
  • We offer payment plans and affordable fixed fees
  • Self-represented defendants almost always fare worse than those with professional representation

Therefore, professional legal representation is an investment in protecting your licence, livelihood, and future.

Don't Face This Alone. Contact Scarsdale Solicitors Today

Don’t face drink driving charges alone. Moreover, expert legal representation from our drink driving limit solicitors can make all the difference to your case outcome. Every moment matters when facing drink driving charges. Moreover, the sooner we can review your case, the stronger your defence will be.

Your licence, your livelihood, and your future are too important to leave to chance. Furthermore, a drink driving conviction will affect you for years through driving bans, insurance costs, employment consequences, and criminal records.

Testimonials

Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.

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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

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

Sherri Cronin

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