Solicitors for Drink Driving Offences

Drink driving is a criminal offence in the UK that occurs when someone drives or controls a vehicle while over the legal alcohol limit or unfit. It can lead to significant penalties, such as fines, driving bans, and prison sentences.

Our experienced drink driving solicitor in London gives legal advice and defends those charged with drink driving. We look at the evidence, find defences, try to reduce penalties and represent our clients in the Court.

If you have been charged with a drink driving offence, call our drink driving solicitors in London at 0203 959 7755 for advice and to defend your case.

Table of Contents

What is a drink driving offence in the UK?

Drink driving is a criminal offence under the Road Traffic Act 1988, occurring when a person drives or is in charge of a vehicle while over the legal limit or unfit due to alcohol.

Excess Alcohol (driving or attempting to drive) and Excess Alcohol (being in charge of a vehicle) are two major drink-driving offences in the UK, both subject to strict UK alcohol limits.

Drink driving is a serious criminal offence in the UK, and it carries serious penalties, including fines, driving bans, and even imprisonment.

What services do our solicitors offer for driving offences?

At Moeen & Co. Solicitors, our expert team of driving offence solicitors in London handles all types of motoring and driving offences in the UK, including:

Penalties for drink driving in the UK

The UK has strict penalties for drink driving to keep roads safe. The penalty depends on the offence if it's a first-time or repeat offence, and any aggravating factors. Penalties include imprisonment, heavy fines, and driving bans.

Being in charge of a vehicle while above the legal limit

If you're found to be in charge of a vehicle while over the legal alcohol limit but not driving, you face serious consequences. The maximum penalty includes up to three months in prison, a fine of up to £2,500, and a possible driving ban.

The Court decides the punishment based on whether you intended to drive while under the influence.

Driving or attempting to drive while above the legal limit

If caught driving or trying to drive while over the alcohol limit, penalties are harsher. This offence carries a punishment of up to six months in prison, an unlimited fine, and a minimum 12-month driving ban.

If it's your second drink driving conviction within 10 years, the driving ban increases to at least three years.

Refusing to provide a specimen of breath, blood or urine for analysis

Refusing to provide a breath, blood, or urine sample when asked by the police is a serious offence. It's treated like a drink driving conviction, suggesting an attempt to avoid detection.

The penalties include up to six months in prison, an unlimited fine, and a driving ban of at least 12 months.

Causing death by careless driving when under the influence of drink

Driving under the influence of alcohol and causing a fatal accident is the most severe drink driving offence. The punishment for this crime is very harsh. You could face up to life imprisonment, an unlimited fine, and a maximum five-year driving ban.

You also have to pass an extended driving test before you can get your licence back.

Aggravating factors that can increase sentencing

Some factors can make the penalties for drink driving even harsher. These include:

• having a high blood alcohol concentration (BAC)
• history of drink driving offences
• speeding, reckless driving, or ignoring traffic rules
• driving with passengers
• being involved in a road accident
• causing harm or death to others
• driving without insurance or a valid licence
• failing to provide a specimen without a valid reason
• Attempting to flee or resist arrest

In these cases, the Courts might give longer prison sentences, higher fines, or longer driving bans.

Drink driving is a serious crime in the UK. The laws are strict to keep everyone safe on the roads. The best way to avoid these penalties is to never drink and drive.

Common defences used in drink driving cases

Several legal defences can be used in drink driving cases to challenge the charge or reduce penalties including:

• the breathalyser was faulty or improperly used
• police failed to follow correct arrest or testing protocols
• you consumed alcohol after driving but before testing
• you were not actually driving or in control of the vehicle
• you were in the car but had no intention of driving
• your drink was spiked without your knowledge
• driving under threat or coercion

What is the legal alcohol limit for driving in the UK?

The legal alcohol limits for drivers in the UK are:

England, Wales & Northern Ireland:

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

Scotland:

• 22 micrograms of alcohol per 100 millilitres of breath
• 50 milligrams of alcohol per 100 millilitres of blood
• 67 milligrams of alcohol per 100 millilitres of urine

Scotland has lower limits to discourage drink driving. But even small amounts of alcohol can affect your driving ability.

How long does a drink driving conviction stay on my record?

A drink driving conviction stays on your driving record for 11 years from the date of conviction. For criminal record checks, it becomes “spent” after 5 years in England and Wales (or 2.5 years for those under 18).

Can I reduce my driving ban?

Yes, the Court may offer a Drink Drive Rehabilitation Course (DDRC). Completing this course can reduce your driving ban by up to 25%.

Will a drink driving conviction affect my car insurance?

Yes, a drink driving conviction will significantly increase your insurance premiums. Many insurers consider convicted drink drivers high-risk, and some may refuse to offer coverage.

What happens if I refuse a breath, blood, or urine test?

Refusing to provide a breath, blood, or urine sample is a criminal offence. You could face 6 months in prison, an unlimited fine, and a 12-month driving ban.

Can a drink driving solicitor help me avoid a driving ban?

In some cases, a solicitor might challenge the evidence or argue special reasons (like medical emergencies) to avoid a ban. It depends on the severity of the offence and your case.

Can a solicitor challenge a breathalyser or blood test result?

Yes, our drink driving solicitor can challenge test results if:

• The breathalyser was faulty or used wrongly.
• The blood or urine sample was mishandled.
• The police did not follow proper procedures during testing.

Do you need a solicitor for a drink driving case?

Drink driving offences carry serious penalties, including fines, bans, and imprisonment. Having a solicitor can help reduce penalties and protect your future.

Our drink driving solicitors in London can challenge evidence, negotiate penalties, and provide expert representation in the Court.

It is strongly recommended that you seek legal help if you want to protect your licence, reduce penalties, or explore possible defences.

If you have been charged with drink driving, call Moeen & Co. Solicitors now at 0203 959 7755 for expert advice and defend your drink driving case.

What does a drink driving solicitor do?

Our drink driving solicitor specialises in defending individuals charged with drink driving offences. We provide expert legal advice, build a strong defence, and help minimise the consequences of a conviction.

Here’s how our drink driving solicitors assist clients:

• Legal Advice
• Case Assessment
• Defence Strategy
• Court Representation
• Negotiation
• Appeals
• Rehabilitation Support

Legal Advice

The first step our drink driving solicitor takes is providing clear and practical legal advice. We explain your rights, possible penalties, and legal options so you understand your situation and the best course of action.

Case Assessment

Our solicitor carefully reviews all aspects of your case, including police reports, breathalyser test results, blood or urine samples, and any witness statements. We look for any procedural errors or legal grounds that could be used to challenge the case.

Defence Strategy

Based on our assessment, our drink driving solicitor will identify possible legal defences or mitigating factors to strengthen your case. Common defences include:

• Faulty breathalyser equipment or incorrect testing procedures.
• Medical conditions that may have affected test results.
• No intention to drive at the time of the charge.
• Post-driving alcohol consumption (drinking after the journey but before testing).

Court Representation

If your case goes to court, our drink driving solicitor will represent you before the judge. We will present arguments, cross-examine witnesses, and use legal strategies to minimise penalties or challenge the prosecution’s case.

Negotiation

A solicitor might talk to the prosecution to reduce charges or get a lighter penalty. This could mean avoiding a driving ban or getting a smaller fine.

Appeals

If you think you were wrongfully convicted or received an unfair sentence, our drink driving solicitor can help. We will look for new evidence, point out mistakes, and fight for a reduced penalty or case dismissal.

Rehabilitation Support

If you're banned from driving, our solicitor can help you with a Drink Drive Rehabilitation Course (DDRC). Doing this course can reduce your driving ban by up to 25%, helping you get your licence back sooner.

Facing drink driving charges in the UK?  Contact our drink driving solicitors in London on 0203 959 7755 and we can help reduce fines, bans, or imprisonment.

How much does a drink driving solicitor cost?

Our driving offence solicitors in London charge an hourly rate between £150 to £300 per hour plus VAT depending on the complexity of the drink driving case. We also offer fixed fees for simple drink driving offence cases.

Contact a drink driving solicitor

Need a drink driving solicitor? Call Moeen & Co. Solicitors now on 0203 959 7755 for expert advice and assistance with your drink driving case.