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Great service very professional i got to keep my license after a speeding offence Alex is highly recommended

Mehfuz Master Avatar Mehfuz Master
13 October 2024

AMAZING service. Special shoutout to Aftab who made the whole process easy. Would definitely recommend

Daanish Khan Avatar Daanish Khan
26 July 2024

Amazing guys Incredibly professional very helpful in answering all my questions and got the verdict we wanted

Umar Nakhuda Avatar Umar Nakhuda
26 July 2024

At The Motoring Lawyers, we understand how stressful it can be to face drink driving charges, especially as the consequences of a conviction for driving whilst over the specified limit include a mandatory disqualification.  We know that too many people this may mean a loss of livelihood, independence and the support provided to those who rely on you. We are here to help, having developed knowledge and expertise in defending these cases over many years.

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 consider the evidence  to 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 to formulate a 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.

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Facing a Drink Driving Charge?

We understand that if convicted, an offence of this nature, including the mandatory disqualification could have far-reaching consequences on your life and career.

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.

The Motoring Lawyers have a wealth of experience in successfully defending drink driving cases. Our dedicated solicitors have extensive knowledge and experience when it comes to offences of this nature.

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Drink Driving law

    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
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    Drinkg Driving law

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    Under Section 163 of the Road Traffic Act 1988, police officers have the general authority to stop any vehicle on the road. However, they are not empowered to conduct random roadside tests for alcohol or drugs. To carry out such tests, officers must have "reasonable cause" to suspect you of committing a drink or drug driving offence.

    What Constitutes "Reasonable Cause"?

    An officer has reasonable cause to conduct a test if:

    • You commit a traffic offence (e.g., running a red light or erratic driving).
    • You are involved in a traffic accident.
    • You show signs of intoxication (e.g., slurred speech or glazed eyes).
    • The officer detects alcohol or drugs by sight or smell.
    • You admit to consuming alcohol or drugs.

    If there is reasonable cause, the officer may request a preliminary specimen, such as a breath or saliva test, or arrest you immediately under Section 4 of the Road Traffic Act 1988 (driving while unfit). Following an arrest, a more accurate test will be conducted at the police station.

    Random Stops and Unlawful Arrests

    Police often conduct random stop checks, sometimes referred to as "document checks," which can lead to arrests for drink or drug driving. If the officer cannot later establish reasonable cause for the test or arrest, your arrest may be deemed unlawful.

    Additionally, any officer requesting a roadside test must be in full uniform.

    Challenging Police Procedures

    If your legal representative identifies procedural errors in how the police handled your case, it could lead to the case being dismissed. This could help you avoid penalties, such as a driving ban or criminal conviction.

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    Facing a Drink Driving Charge?

    If you’ve been charged with drink driving, it’s likely you’ve just endured a stressful experience, possibly spending a night in a police cell before being released with a notice to appear in Magistrates’ Court.

    At the motoring lawyers, we understand how overwhelming this situation can feel. However, there may be options available to challenge your charge.

    Cases We Handle:

    We have expertise in defending against charges involving:

    • Breath tests
    • Urine tests
    • Blood tests
    • Drunk in charge of a vehicle
    • Driving while unfit through drink
    • Failure to provide a specimen

    What is Drink Driving?

    A drink driving offence occurs when someone operates a vehicle with alcohol levels exceeding the legal limit in their blood, breath, or urine. Unlike other offences, it does not require proof that your ability to drive was impaired. The prosecution only needs to establish that you were driving on a road or public place with alcohol levels over the legal threshold.

    Penalties for Drink Driving

    The consequences of a drink driving conviction depend on the circumstances but may include:

    • An unlimited fine.
    • A driving ban of at least 12 months.
    • Up to six months’ imprisonment.

    We can provide an early assessment of your case, outlining potential penalties and your chances of a successful defence.

    Why Choose the motoring lawyers?

    At the motoring lawyers, we specialize in defending drink driving charges. Our team has a proven track record, Drink driving cases require expert legal knowledge, and we believe these complex matters are best handled by specialists.

    Offences We Handle:

    We are equipped to assist with cases including:

    • Driving with excess alcohol.
    • Driving while unfit through drink.
    • Being in charge of a vehicle while under the alcohol limit.

    If you’ve been charged with drink driving, don’t lose hope. Contact the motoring lawyers for expert advice and representation. Our goal is to achieve the best possible outcome for you.

    What are the penalties for drink driving?

      The penalty for drink driving depends on the specific situation but could be from a fine and 10 penalty points on your driver's licence to a maximum of 6 weeks in prison and a disqualification from driving. When charging someone with a Drunk in Charge offence, the police take into consideration your distance from the vehicle and what you were doing at the time, as well as whether you had the ignition key, and any other evidence as to if and when you were likely to drive the vehicle. A statutory defence may be available if you did not intend to drive the car again until you were under the legal limit.

      Defending a drink driving charge

        The charge of failing to provide a specimen is only made out if a person does not have a reasonable excuse for failing to provide.  What may amount to a reasonable excuse depends on the facts of the particular case. Some of the most common reasonable excuses are medical defences, these may include respiratory conditions where a person attempted to provide a specimen but has been unable to do so, additionally a mental health condition such as anxiety or panic attack may provide a defence.  There can be other factors that may provide a reasonable excuse that includes whether or not the police have followed the guidance in the MGDD form, it could be that the quality of the instructions provided by the officer, or a lack of training may be a reasonable excuse. The above list is not exhaustive but there are many cases where a reasonable excuse can be advanced, from the initial conversation we will of advise you if there is a potential defence of reasonable excuse.

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        Specialist Drink Driving Offence Lawyer

        Contact us for an informal discussion.