Drink Driving
Drink driving is a serious offence and carries a mandatory disqualification for a minimum period of 12 months (3 years if convicted twice in 10 years).
You may get a fine of up to an unlimited amount, a community order or imprisonment of up to 6 months.
There are strict alcohol limits for drivers in the UK. In England, Wales and Northern Ireland, the alcohol limit for drivers is:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol in 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
If you plead guilty to the offence
The court may offer a Drink Drive Rehabilitation Scheme Course, which would reduce the overall length of the ban by 25% if you complete the course by a set date.
The court will consider a number of factors when deciding on your punishment. If you want to try to reduce the length of the disqualification or make sure that you get the best sentence possible, then we are here to help you.
If you do not accept that you are guilty of the offence
You may wish to have a trial and run a defence.
There may be all sorts of reasons why you do not accept that you are guilty of the offence, e.g. you were not driving the vehicle whilst over the limit or you do not accept that you drove the vehicle on a road or public place.
There are also laws and procedures that the police must follow in such cases before you can be convicted by the court.
These defences are often difficult to run and sometimes you need experts to assist as well. We have experience in dealing with such cases and have access to some of the best experts in their field.
Drunk in Charge
This is where you are over the drink driving limit and are deemed to be in charge of a vehicle, but not actually driving. The test for being ‘in charge’ can be very strict and does not require the engine to be running.
Drunk in charge carries a minimum of 10 penalty points or discretionary disqualification for up to 12 months.
You may get a fine of up to £2,500, a community order or imprisonment of up to 3 months.
The law around being drunk in charge of a vehicle can be complicated and legal assistance can make all the difference, whether you plead guilty to the offence or wish to run a defence at trial.
Failure to Provide a Sample
If you are required to provide a sample for alcohol testing by a police officer who has a reasonable suspicion that you have been driving or in charge of a vehicle, it is an offence to fail to provide one without a reasonable excuse.
For failure to provide a sample in relation to drink driving, there is a mandatory disqualification for a minimum period of 12 months (3 years if convicted twice in 10 years).
You may get a fine of up to an unlimited amount, a community order or imprisonment of up to 6 months.
For failure to provide a sample in relation to being drunk in charge, you would receive a minimum of 10 penalty points or disqualification of up to 12 months.
The law regarding what reasonable excuses may amount to a defence can be complicated and is likely to require specialist evidence and a carefully presented argument, so seeking legal advice at an early stage is crucial.
Special Reasons
There are also circumstances where you may be able to argue that there are special reasons why you committed the offence, e.g. you drove a very, very short distance or in an absolute emergency.
A Special Reason must be one that is specific to the facts of the case.
There are four conditions which must be met;
- It must be a mitigating or extenuating circumstance;
- It must not amount in law to a defence to the charge;
- It must be directly connected with the commission of the offence;
- The matter is one which the court ought properly to take into account when imposing punishment.
You have to present evidence and persuade the court that there are Special Reasons. We can help in ensuring that you put forward the strongest case by representing you throughout the court process.
If you are able to successfully argue Special Reasons, the court has the power not to disqualify you from driving.
If you are accused of any of these offences, it is important to establish the facts at an early stage in order to decide the best approach, be that a defence or a plea to try and avoid disqualification.
How we can help
Our criminal defence solicitors, Michael Gupwell, Partner, and Maxine Twynam, have specialised in criminal law for over 30 years between them and can offer a bespoke, personal and proactive service to clients.
We are here to help, so get in touch with our Bristol office on 0117 929 2811
"Michael Gupwell was exceptionally knowledgeable and professional throughout the case. I can only thank you all for the effort you put into the case and undoubtedly would not hesitate to recommend Michael and your practice to others."
"I contacted Wards solicitors after I was informed I was being charged with a criminal offence that I did not commit. I was put in touch with Maxine, a Criminal Defence specialist. Maxine was professional and kind, she advised me and supported me through every step of the process from our initial meeting, to the eventual trail. Nothing was too much trouble for Maxine and the team at Wards, they were always on hand to answer questions. I will be forever grateful to everyone involved for their professional yet compassionate approach to my case and for securing the result that has given me my life back, thank you all."