Drink Driving Related Offences

Drink driving offences are serious offences for which you will usually receive a disqualification of at least 12 months.  Try our ban calculator to see what the likely length of ban you are facing based on your reading.

The impact of such a lengthy ban is usually far-reaching. We can look at your case and advise you on any potential flaws in the Police case against you or any defences available to you.

THE ONLY WAY TO AVOID A BAN IS TO BE FOUND NOT GUILTY OR TO RUN A SUCCESSFUL SPECIAL REASONS ARGUMENT.

WHAT ARE THE PRESCRIBED LIMITS?

The prescribed limits for drink driving are set out below:-

• Breath 35 µg in 100 ml breath
• Blood 80 µg in 100 ml blood
• Urine 107 µg in 100 ml urine

WHEN CAN I BE REQUIRED TO PROVIDE A SPECIMEN?

A Police Officer can require to you to provide a specimen of breath for analysis if he reasonably suspects that

• you are driving; or
• you are attempting to drive; or
• you are in charge of a vehicle; WHILST
• under the influence of alcohol/drugs; OR
• you have committed a moving traffic offence

What does “In Charge” Mean?

Whether you are in charge or not is very much a matter of fact and degree.
The court will consider:-

• whether you were in the vehicle at the time, and if so, whereabouts you were in the vehicle
• if you were not in the vehicle, how far you were from the vehicle
• what you were doing at the relevant time
• whether you were in possession of the car key
• whether there is any evidence of an intention to take or assert control over the car by driving or otherwise
• whether any other person was in, at or near the vehicle at the time

If you are asleep in the car, the usual conclusion is that you were in charge of the vehicle but you would need to show you had no intention of driving whilst the alcohol in your system was above the prescribed limit.

Statutory Defences

You have a defence if you can show that there was no likelihood of you driving the vehicle whilst the alcohol in your system exceeded the prescribed limit.

Expert evidence may well be required to show that the alcohol in your system would have been below the legal limit at the time you were intending on driving.

The court need to assess the likelihood of you driving and this means a real risk of you driving.

Penalty

• Minimum 10 penalty points
• Costs
• Compensation
• Victim Surcharge
• Financial Penalty