Drink driving is a very common motoring offence. One that IYDL lawyers have vast experience of representing clients, both a ‘not guilty’ or ‘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 drink driving allegation. We would strongly recommend that you consult our motoring lawyers before making any decisions in this respect.
Drink driving 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)
Drink driving 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.
- A disqualification may be avoided if special reasons are found.
If you are to be interviewed by the police, or have been charged / summoned to attend court for a drink driving offence, contact us asap for help and further information.