Driving with excess alcohol / drink driving:
This is a very
common offence and we have vast experience of representing clients
both on ‘not guilty’ and ‘guilty’ basis. It is an offence to drive
(or attempt to drive) a motor vehicle on a road or other public
place with alcohol in your body over the prescribed limit.
The ‘limit’ depends on the
type of sample that is provided:
- For a breath sample, the limit is 35 mg alcohol / 100 ml.
- In relation to a blood sample, the limit is 80 mg of alcohol in 100 ml.
- If urine, the limit is 107mg alcohol / 100 ml urine. There are a number of technical aspects to consider when deciding whether to accept or deny the allegation. We would strongly recommend that you consult with this firm before making any decisions in this respect. .
Defence cases include:
- Reliability of blood/breath/urine test procedure(s).
- The statutory procedures have not been carried out correctly.
- There was no likelihood of the vehicle being driven (i.e. if the vehicle is mechanically immobile).
- Post driving alcohol consumption (hipflask)
‘Special reasons’ (i.e. driving in an emergency, driving a short distance, spiked drinks)
Penalty:-
The maximum fine is £5,000.00. Alternatively, a community order or up to 6 months’ imprisonment can be imposed.
The minimum disqualification is 12 months or 2 years where there has been two or more disqualifications for periods of 56 days+ in preceding 3 years or 3 years where there is a conviction for a relevant offence in preceding 10 years.
The penalty for driving with excess alcohol varies depending upon the level of intoxication and other ‘aggravating features’. However, a minimum 12-month disqualification is mandatory on conviction, unless special reasons can be found. In serious cases the Court will consider imposing a community order or up to 6 months’ imprisonment. In less serious cases the minimum disqualification of 12months and a financial penalty of up to £5000.00 may be imposed. Where there is a second similar, or other alcohol related offence within the last 10 years the risk of custody will be increased and a minimum 3 year disqualification will be imposed. If special reasons are found the Magistrates’ are entitled to endorse your driving licence with between 3 – 11 penalty points. Unless your licence is clean this may result in a disqualification.
The penalty for being drunk in charge is 10 penalty points, or a discretionary disqualification, and a financial penalty of up to £2500.00. However, in serious cases the Court can sentence to a maximum term of 3 months custody.
Contact us as soon as
possible on guidance on information to provide. If you have received
a summons to attend court for an offence under this section, contact
us. We can normally deal with this kind of case administratively, by
correspondence to the police / prosecution. Alternatively, we can
represent you at court.
We are able to offer private
representation for all types of motoring offences. Legal aid might
be available in a limited number of cases.
