Drink Driving
Drink driving has become one of the most serious offence for all drivers and carries automatic disqualification. Repeat offenders risk imprisonment. Specialist advice is always recommended, particularly if there is a dispute on the level of alcohol consumed or the method in which the Police have obtained their evidence. Our team has amassed extensive knowledge of defending such cases and is able to give you frank and professional advice. We do not condone drink driving but we do appreciate that many motorists simply do not understand how the law works or is enforced. Whilst ignorance is no defence, it can make a difference.
Described below are the current limits:
35 microgrammes of alcohol in 100 millilitres of breath;
80 milligrammes of alcohol in 100 millilitres of blood;
107 milligrammes of alcohol in 100 millilitres of urine.
If I am found guilty, what are the likely penalties?
Failing to provide a roadside breath test
Discretionary disqualification
4 penalty points and fine up to £1,000.00
Driving/attempting to drive with excess alcohol
12 month mandatory disqualification for first offence or
3 years for second offence within 10 years
Fine of up to £5,000.00 and/or 6 months imprisonment
Being in charge of a vehicle with excess alcohol
10 penalty points and discretionary disqualification
Fine of up to £2,500.00 and/or 3 months imprisonment
After driving/attempting to drive, refusing to provide samples for analysis
Mandatory 12 month disqualification for the first offence
3 years for second offence within 10 years
Fine of up to £5,000.00 and/or 6 months imprisonment
After being in charge and refusing to provide samples for analysis
10 Penalty points and/or discretionary disqualification
Fine of up to £2,500.00 and/or 3 months imprisonment
Can I get the sentence reduced?
The Court does have the opportunity to consider sending a convicted motorist on a rehabilitation course. The benefits to the driver is that it entitles a reduction of 25% of the disqualification period. A mandatory 12 month ban would therefore be reduced to 9 months. If you agree to attend the course (which you have to pay for) you will be contacted by the course organiser and advised of the sessions that you need to attend. The course will normally last between 16 and 30 hours and will deal with 8–20 motorists in each session. It is designed to demonstrate the effects of drink driving etc and will include seminars, discussion assessment, particularly dealing with driving ability and behaviour. You cannot demand to be sent on the course; it is at the discretion of the Court.