Defending Drink Driving Allegations

At Olliers Solicitors, we understand that facing a drink driving allegation can be a stressful and daunting experience. A conviction can have serious consequences, including a driving ban, fines, increased insurance costs, and in some cases, a prison sentence. However, not every drink driving charge automatically leads to a conviction. With the right legal expertise, there may be defences available to challenge the case against you or mitigate the potential penalties. 

Our specialist motoring offence solicitors have a proven track record of successfully defending drink driving cases. We take a proactive and strategic approach, ensuring that every possible legal avenue is explored to achieve the best possible outcome for our clients. 

What Constitutes Drink Driving? 

In the UK, it is an offence to drive or attempt to drive a vehicle with alcohol levels exceeding the legal limit.  

The limits are: 

• 35 micrograms of alcohol per 100ml of breath 
• 80 milligrams of alcohol per 100ml of blood 
• 107 milligrams of alcohol per 100ml of urine 

If you are found over the legal limit, the police will typically charge you with driving with excess alcohol under Section 5 of the Road Traffic Act 1988. 

Defences to Drink Driving 

While a drink driving charge can feel overwhelming, there are several defences that may apply to your case: 

Procedural Errors 

The police must follow strict procedures when conducting breath, blood, or urine tests. If there were errors in how the tests were carried out, the evidence may be inadmissible in court. 

Faulty Breathalyser or Testing Equipment 

Breathalysers and other testing devices must be correctly calibrated and maintained. If there are doubts about the accuracy of the equipment, we can challenge the reliability of the evidential specimen. 

‘Hip Flask’ Defence 

If you consumed alcohol after driving but before being tested, this could explain why your alcohol level was above the limit when tested, even though you were not over the limit while driving. 

No Evidence of Driving 

The prosecution must prove that you were driving or in charge of the vehicle. If there is insufficient evidence, the case may be dismissed. 

Mitigating Factors & Reducing Your Sentence 

Even if a defence is not available, there are often ways to reduce the severity of the penalty: 

• Highlighting personal circumstances, such as reliance on driving for work or family responsibilities. 
• Demonstrating remorse and taking proactive steps, such as attending a drink driving awareness course. 
• Challenging the length of a driving disqualification to minimise its impact on your life. 

It must be remembered however that the minimum penalty if pleading guilty to or convicted of drink driving is a 12-month disqualification. This is mandatory. Our experienced solicitors will carefully assess your case and present the strongest possible mitigation to the court. 

Penalties for Drink Driving 

The penalty is largely dependent upon how high your alcohol reading was, but other circumstances will  be taken into account: 

• The minimum penalty for a first offender is 12 months’ disqualification from driving and an unlimited fine. 
• The minimum penalty instantly increases to a three-year disqualification when it is a second offence within ten years. 
• Second Offence within a three-year Period and/or an Extremely High Alcohol Level: The court will consider imposing a prison sentence of up to six months, in addition to a disqualification and fine.  

At Olliers we will work tirelessly to protect your driving licence and your future. 

Why Choose Olliers Solicitors? 

• Specialist Expertise – Our lawyers are highly experienced in defending drink driving cases. 
• Strong Track Record – We have successfully defended numerous clients, securing acquittals and reduced penalties. 
• Proactive Defence Strategy – We challenge evidence, question procedures, and explore all legal options. 
• Clear Advice – We will always provide straightforward advice about your case and the possible outcomes. 

Contact our specialist Drink Driving Solicitors Today 

If you are facing a drink driving charge, time is critical. Early legal advice can make a significant difference to your case. Our expert drink driving solicitors are here to help, offering confidential and professional legal support at every stage of your case. 

Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 020 38836790 (London).