Drink Driving Solicitors
Specialist advice and representation for drink driving offences
If you have been charged with a drink driving offence, getting specialist advice as early as possible can help you understand your position, the possible penalties and any defence or mitigation that may be available.
Auriga Advocates has extensive experience dealing with drink driving cases and can provide clear, straightforward advice about what happens next.
Drink driving related offences
There are a number of offences relating to driving or being in charge of a vehicle while under the influence of alcohol.
Being charged with one of these offences can be extremely worrying, particularly when your driving licence may be important to your work or family life.
We can explain the process, the evidence against you and the options available so that you can make informed decisions about your case.
What can Auriga Advocates do for you?
We provide clear and practical advice about the prosecution case, any potential defence and the likely court process.
We examine the prosecution evidence carefully and consider whether the correct legal and procedural requirements have been followed.
Issues we may consider include:
- Whether the prosecution has sufficient evidence to prove that you were driving.
- Whether the correct procedure was followed at the police station, including where blood or urine samples were taken.
- Whether the prosecution has complied with its disclosure and procedural obligations.
- Whether witnesses and evidence relied upon by the prosecution are available and admissible.
Andrea Clegg and the Auriga Advocates team have extensive experience dealing with road traffic prosecutions and will carefully assess the circumstances of your individual case.
Need advice about a drink driving allegation?
Speak to Auriga Advocates for clear, straightforward advice about your circumstances.
Drink Driving FAQs
Answers to some of the questions we are frequently asked about drink driving investigations, penalties and court proceedings.
For an allegation of driving with excess alcohol, the prosecution will need evidence capable of establishing the relevant elements of the offence.
- That you were driving the vehicle.
- That you were over the prescribed alcohol limit at the relevant time.
Drink driving is a serious offence. A conviction can result in an unlimited fine, up to six months' imprisonment and a mandatory driving disqualification.
For a first offence, the minimum period of disqualification is generally 12 months.
The sentence will depend upon factors including the level of alcohol, the circumstances of the driving and any aggravating or mitigating features.
If this is your second relevant drink driving offence within 10 years, the court will generally be required to impose a minimum disqualification of three years.
The prescribed limits referred to on this page are:
| Specimen | Prescribed limit |
|---|---|
| Breath | 35 micrograms of alcohol in 100 millilitres of breath |
| Blood | 80 milligrams of alcohol in 100 millilitres of blood |
| Urine | 107 milligrams of alcohol in 100 millilitres of urine |
If you are facing an allegation involving a breath, blood or urine reading, we can advise you on the significance of the result and the evidence in your individual case.
The availability of a defence depends entirely on the facts and evidence in the individual case. Issues which may need to be considered include:
- Whether you were driving the vehicle.
- Whether the vehicle was being driven on a road or other public place.
- Whether alcohol was consumed after driving and subsequently affected the reading, sometimes referred to as a "hip flask" issue.
- Whether the prosecution's evidence of the alcohol level is reliable and admissible.
Drink driving cases can involve detailed procedural and evidential issues, so it is important to obtain advice based upon the specific circumstances of your case.
If you need advice, call our specialist road traffic team on 08000 55 66 31.
In some circumstances, a person who is guilty of the offence may be able to argue that "special reasons" exist which justify the court not imposing the usual mandatory disqualification.
Examples of circumstances which may potentially give rise to a special reasons argument include:
- A laced or spiked drink, where alcohol was added without your knowledge.
- A very short distance driven, depending on the circumstances and the risk created.
- An emergency or necessity where there was no reasonable alternative.
Special reasons arguments are fact-specific and subject to legal requirements. We can advise you on whether such an argument may be available in your case.
There are routes of appeal against a conviction or sentence from the Magistrates' Court.
The correct route and prospects of an appeal will depend on the circumstances, so legal advice should be obtained before taking further action.
The consequences will depend upon the offence, the alcohol reading, your previous record and the circumstances of the case.
Potential consequences may include:
- A mandatory driving disqualification.
- A minimum three-year disqualification for certain repeat offences within the relevant 10-year period.
- An endorsement which can remain on the driving record for 11 years.
- A fine, community order or, in more serious cases, imprisonment.
- A criminal conviction.
- Possible employment or professional consequences.
- Higher insurance premiums or difficulty obtaining insurance following a conviction.
- Potential restrictions or additional requirements when travelling abroad.
- Personal and reputational consequences.
We can advise you on the likely consequences based on the specific facts of your case.
If you are charged with drink driving, you will normally be given details of the allegation and the date on which you are required to attend the Magistrates' Court. Whether you are released from custody and on what terms will depend on the circumstances of the case.
There are circumstances in which the length of a drink driving disqualification may potentially be reduced.
Depending on the sentence and your circumstances, this may include completing an approved drink-drive rehabilitation course or, in some cases, making an application to the court after part of a longer disqualification has been served.
Being charged with drink driving does not, by itself, necessarily mean that your driving licence immediately becomes invalid. However, whether you are legally entitled to drive before the hearing will depend upon your individual circumstances and any other restrictions which apply to you. If you are unsure, obtain legal advice before driving.
If you are convicted of a second relevant drink driving offence within 10 years of an earlier conviction, you may face a mandatory minimum driving disqualification of three years.
The actual period of disqualification can be longer depending on the seriousness of the offence and any aggravating factors.
Repeat drink driving convictions can also result in the DVLA treating a driver as a High Risk Offender. Where that applies, the driver will need to satisfy the DVLA's medical requirements before their driving licence can be restored.
Drink driving can also carry an unlimited fine and, in appropriate cases, a sentence of up to six months' imprisonment. A drink driving endorsement can remain on the driving record for 11 years.
The fact that only a short distance was driven is not, by itself, a defence to a drink driving offence.
However, in appropriate circumstances the shortness of the distance may form part of a "special reasons" argument in relation to disqualification. Whether this applies depends on the particular facts, including the distance driven and the risk created.