At The Motoring Lawyers we specialise in providing expert legal advice to individuals facing drink driving charges. It is important to remember that a charge does not automatically mean guilt, and you are entitled to a fair and thorough examination of all the relevant evidence, exploring every potential defence.
We Would Consider:
- Identifying procedural errors and the reliability of the device
- Questioning the reliability and accuracy of the breathalyser or blood tests
- Your medical conditions and how they affected test results or prevented compliance with a sample
- Determining the precise amount of alcohol consumed
- Instructing an expert to corroborate your account and provide a correct alcohol breath or blood reading.
We understand that if convicted of an offence of this nature it could have far-reaching consequences on your life and career, particularly given the mandatory disqualification.
If you have been stopped by the police under suspicion of drink driving, we suggest that you seek legal advice from an expert solicitor as soon as possible
What Is The Legal Alcohol Limit to Drive?
When you are suspected of drink driving, you will be subject to either a breath, blood or urine test. This test measures the amount of alcohol present in your system, and will determine whether you are over any of the following legal limits:
- Breath: Maximum of 35 micrograms of alcohol in 100ml of breath
- Blood: Maximum of 80 milligrams of alcohol in 100ml of blood
- Urine: Maximum of 107 milligrams of alcohol in 100ml of urine
What Are The Penalties For Drink Driving?
Penalties:
- Minimum 12-month driving disqualification (3 years if convicted twice in 10 years)
- Unlimited fine
- Possible Community Order (e.g. unpaid work, alcohol treatment programme) or imprisonment depending on the alcohol reading and aggravating factors of your case, such as being in a collision, causing injury to yourself or others, and having previous related offences on your Criminal Record.Â
Attendance at a drink-drive rehabilitation course may reduce the disqualification period. It is a matter for the courts whether this course is offered to you.
Additional Drink Driving Consequences
If you have been convicted of a drink driving offence, it is likely you may suffer potential additional consequences such as:
- An increase in car insurance
- Possible difficulty travelling overseas due to a criminal record
- Your conviction being made visible to your employers and impacting on your contract of employment
How Long Will Drink Driving Convictions Stay on my Licence?
If you are charged with drink driving, the court is obliged to put an endorsement on your driving licence which will remain on your licence for 11 years after the time of conviction.
Challenging An Evidential Breath Sample
Although the breathalyser devices used by the police are type approved by the Home Office, they can be challenged. Evidence can be provided as to how much a person had consumed alongside an Expert Report to confirm whether the breathalyser reading. This can then be used to challenge the reliability of the breathalyser. The expert will provide a calculation using all of the factors available to them in order to calculate the likely level of alcohol in blood and breath (known as a Widmark calculation). The Widmark calculation may then be used as the basis to challenge the breathalyser.
Defending A Drink Driving Charge
If you have been charged with a drink driving offence you will have the option to plead not guilty and proceed to trial. You may not be able to see a way of defending the case and think that you appear guilty, but it is always worth taking advice to see whether any of the available defences apply to your case and circumstances. Â
As mentioned, there is a very strict statutory regime in place that the police must follow in such cases, and we can advise you whether the procedure and law has in fact been complied with.
The area of law that covers motoring offences is quite complex and we have developed knowledge in this area over many combined decades of practice in this area. For this reason, is it important to appoint a professional for advice and representation.
Breath Tests
A police officer does not have to be in uniform to request a breath test. However, they do have to be in uniform to administer it unless it follows an accident.
A police officer will request a breath test under the following circumstances:
- They have reasonable cause to suspect you are committing or have committed a moving traffic offence.
- They have reason to suspect that you are driving after having consumed alcohol, or you are about to attempt to drive the vehicle.
- They have reason to believe you were the person who was driving/attempting to drive or in charge of a vehicle which has been involved in an accident.
The police officer will ask you to provide two breath samples. If the readings are different, they are obliged to take the lowest one and ignore the higher. If your reading is above the legal limit, you will be charged for committing an offence.
Very specific protocols have to be followed when the police carry out a breath test, and you should not be found guilty of an offence where the police have breached those rules.
How We Can Help
At The Motoring Lawyers, we understand how stressful it can be to face drink driving charges, especially as the consequences of a conviction include a mandatory driving disqualification. We are here to help, having developed knowledge and expertise in defending these cases over many years.Â
For many people, a driving disqualification may mean a loss of livelihood, independence and an inability to support those who rely on you.Â
Whether you have been involved in an accident or were pulled over by the police and suspected of drink driving by the attending officers, we can provide you with all the necessary guidance and advice you need.
We have helped many clients avoid disqualification and many of our cases have been dropped by the prosecution before they even come to trial because of the assistance we have been able to provide to clients.
We offer a free consultation to run through the facts of your case and advise you as to the best course of action. We will consider all aspects of the case and in the event you plead not guilty, we will formulate a trial strategy based on our vast experience.
By instructing The Motoring Lawyers, you can be assured that you have a team of highly skilled legal professionals, who will provide you with the quality representation that you deserve.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
