Drink Driving Solicitors
You May Not Have To Lose Your Licence…
At Motoring Offence Lawyers, we believe that everyone who is accused of an offence that can have such serious repercussions has the right to know whether there is a defence to the charge. The only way of finding out is by obtaining the advice of an expert.
Most cases do not turn on disputes of fact- it is very often a question of whether the police have followed the correct procedure. There are some aspects of the procedure for the taking of breath and blood samples which are mandatory. This means that if they are not followed correctly no conviction for drink driving can follow.
Owing to time and budgetary constraints not all police officers are as well trained as they should be with the result that errors are sometimes made. We find that in between twenty and twenty five per cent of cases there is either a defence which stands a good prospect of success, or failing that a possible argument that there are special reasons why the otherwise inevitable disqualification should not follow in your case. If our solicitor identifies either a possible defence or a special reason he will give you an honest assessment of your chances of success.
Our lawyers have been successful in 80% of cases where we have advised either a not guilty plea or that a special reasons argument existed. That proportion was achieved by giving realistic and honest advice, which we shall continue to do. Even if we have to advise a guilty plea, we can still help you. Magistrates now have sentencing guidelines in drink driving cases, but we have regularly succeeded in persuading them to impose less severe penalties than those which are recommended.
On conviction, drink driving carries a minimum disqualification of 12 months and a fine of up to £5,000. A conviction for drink driving will also lead to a criminal record for 10 years.
Call us now to find out how Motoring Offence Lawyers can help with your case.
Penalty Table
| Type of sample | Reading | Range of Penalties | |
| First offence in the last 10 years | Not First offence in the last 10 years | ||
| Breath | 36-59 | Band C fine, disqualification of 12-16 months | Same but with Disqualification of between 36-40 months |
| 60-89 | Band C fine, disqualification of 17-22 months | Same but with Disqualification of between 36-46 months | |
| 90-119 | Low to medium level community order, disqualification of 23-28 months | Same but with disqualification of 36-52 months | |
| 120-150 | Potential custodial sentence of up to 26 weeks, disq of 29-36 months | Same but with disqualification of 36-60 months | |
| Blood | 81-137 | Band C fine, disqualification of 12-16 months | Same but with Disqualification of between 36-40 months |
| 138-206 | Band C fine, disqualification of 17-22 months | Same but Disqualification of between 36-46 months | |
| 207-275 | Low to medium level community order, disqualification of 23-28 months | Same but with disqualification of 36-52 months | |
| 276-345 | Potential custodial sentence of up to 26 weeks, disq of 29-36 months | Same but with disqualification of 36-60 months | |
| Urine | 108-183 | Band C fine, disqualification of 12-16 months | Same but with Disqualification of between 36-40 months |
| 184-274 | Band C fine, disqualification of 17-22 months | Same but Disqualification of between 36-46 months | |
| 275-366 | Low to medium level community order, disqualification of 23-28 months | Same but with disqualification of 36-52 months | |
| 367-459 | Potential custodial sentence of up to 26 weeks, disq of 29-36 months | Same but with disqualification of 36-60 months | |
Band A fine =50 % net weekly income
Band B fine = 100% net weekly income
Band C fine = 150% net weekly income
Drunk in Charge of a Vehicle
Anyone who is in charge of a vehicle with their alcohol level above the prescribed limit may be guilty of this offence. A common scenario is where someone is parked up in the driver’s seat with the keys in the ignition or if someone is in the vicinity of their vehicle and in possession of the keys whilst over the prescribed limit. That person may be guilty of an offence because they are above the prescribed limit and in charge of the vehicle even though they were not actually driving.
To secure a conviction, the police have to follow the same procedures for obtaining the necessary evidence as in drink driving cases.
It is a defence where the person charged is able to establish that, despite being in charge of the vehicle, there was no likelihood of him driving above the legal limit. Whether the driver had any intention to drive the vehicle whilst over the legal limit is not the correct test as the Court may still find that, despite the driver’s best intentions, it was still likely that the vehicle would have been driven with excess alcohol. If this defence is being relied upon, expert evidence will often need to be obtained in order to establish at what stage the driver would have been under the limit.
On conviction this offence carries a minimum of 10 penalty points or a discretionary disqualification.
Penalty Table
| Type of Sample | Reading | Range of Penalties |
| Breath (mg) | 36-59 | Band B fine, 10 points |
| 60-89 | Band B fine, 10 points Or disqualification of 6 months | |
| 90-119 | Band C fine or low/medium level community order AND 10 points or disqualification of up to 6 months | |
| 120-150 | Medium level community or short custodial sentence AND 10 points or disqualification of up to 6 months | |
| Blood (ml) | 81-137 | Band B fine, 10 points |
| 138-206 | Band B fine, 10 points OR disqualification of up to 6 months | |
| 207-275 | Band C fine or low/medium level community order AND 10 points or disqualification of up to 6 months | |
| 276-345 | Medium level community or short custodial sentence AND 10 points or disqualification of up to 6 months | |
| Urine (ml) | 108-183 | Band B fine, 10 points |
| 184-274 | Band B fine, 10 points OR disqualification of up to 6 months | |
| 275-366 | Band C fine or low/medium level community order AND 10 points or disqualification of up to 6 months | |
| 367-459 | Medium level community or short custodial sentence AND 10 points or disqualification of up to 6 months |
Band A fine =50 % net weekly income
Band B fine = 100% net weekly income
Band C fine = 150% net weekly income