Drink Driving Solicitors
Drink driving, or driving with excess alcohol, is one of the most serious motoring offences in the UK, carrying significant penalties such as fines, disqualification from driving, and, in more severe cases, imprisonment.
Facing a drink driving charge requires an immediate, technical defence based on the latest UK road traffic laws. Whether you have been charged under Section 5 of the Road Traffic Act 1988 or are navigating the recent sentencing reforms, the consequences of a conviction remain severe.
At Allen Hoole Solicitors, we have extensive experience defending clients accused of drink and drug driving. We have helped thousands of individuals in such cases and have successfully achieved dismissals where evidential or procedural difficulties were present.
As the largest criminal defence firm in the South West of England, with a team of experienced solicitor advocates, we are well-equipped to offer expert legal representation in drink driving cases.
Contact our Drink Driving Solicitors Today
To find out how Allen Hoole can assist you with legal representation in drink driving cases, please contact our offices in Bristol, Cheltenham and Keynsham or fill out our online enquiry form, and we will respond to you promptly.
What Happens When You Are Charged With Drink Driving?
If you are charged with drink driving, the process usually begins at the roadside or police station, where a breath, blood, or urine sample is taken. If the reading exceeds the legal limit, you will typically be charged and either released on bail or required to attend court.
The first hearing will take place in the Magistrates’ Court. In most cases, drink driving offences are dealt with at this level. At this stage, you will be asked to enter a plea. Before doing so, it is important to have legal advice so you fully understand the evidence and your options.
We will review the circumstances of your arrest, examine the procedures followed by the police, and identify any issues that may affect the case.
UK Drink Driving Limits Explained
To understand if you have a viable defence, you must first know the legal thresholds for prosecution in England and Wales. Under the Road Traffic Act 1988, the current legal limits for alcohol are:
- Breath Alcohol Limit: 35 micrograms (µg) of alcohol per 100ml of breath.
- Blood Alcohol Limit: 80 milligrams (mg) of alcohol per 100ml of blood.
- Urine Alcohol Limit: 107 milligrams (mg) of alcohol per 100ml of urine.
Drink Driving Penalties and Sentencing Guidelines
A drink driving conviction carries a mandatory minimum 12-month driving disqualification. However, modern sentencing guidelines have introduced more sophisticated court powers, including:
- Interim Disqualification: The court may impose an immediate ‘interim’ disqualification at your first hearing, prior to sentencing.
- Alcohol Restriction & Monitoring: Courts now have the authority to use GPS electronic tagging and "Sobriety Tags" to monitor alcohol consumption or ban individuals from entering specific licensed premises.
- High-Risk Offender Scheme: If your reading exceeds 87.5µg (breath), you are automatically classed as a High-Risk Offender. You must pass a DVLA Medical (including a CDT blood test) to prove your fitness to drive before your licence is returned.
First Time Drink Driving Offence: What to Expect
If this is your first offence, it is natural to be concerned about the outcome. While the court will take into account that you have no previous convictions, drink driving still carries serious consequences, including a mandatory disqualification in most cases.
You can expect the court to focus on the level of alcohol, the circumstances of the offence, and your personal situation. Early preparation is important. A well-presented case can make a meaningful difference to the sentence imposed.
Our drink driving lawyers will guide you through what to expect at court, help you prepare for your hearing, and ensure that your mitigation is clearly presented. Our approach is careful and thorough, giving you the best possible opportunity to achieve a fair and proportionate outcome.
Common Defences in Drink Driving Cases
Several defences may be available to individuals charged with drink driving. Our team of solicitor advocates is highly skilled in identifying technical and procedural errors that can make a significant difference in the outcome of a case. Some common defences include:
Procedural Errors in Obtaining a Specimen
The police are required to follow strict procedures when administering breath, blood, or urine tests to measure the level of alcohol in your system. Any errors during this process could lead to the evidence being deemed inadmissible in court. Examples of procedural errors include:
- Failure to properly explain the procedure or your rights.
- Problems with the calibration of the breathalyser (intoxilyzer) machines.
- A failure by the nurse or doctor to obtain a blood sample correctly.
If our drink driving lawyers can prove that these errors occurred, it may lead to the case being dismissed.
Evidential Difficulties
In some cases, there may be evidential issues that cast doubt on the prosecution’s case. For example:
- The timing of the breathalyser test may be crucial. If there is a delay between when you were driving and when the test was conducted, this could affect the accuracy of the result.
- Issues with how the breathalyser or blood sample was handled or stored.
At Allen Hoole Solicitors, we have successfully had many cases dismissed due to such evidential difficulties.
The Post-Driving Consumption Defence (Hip Flask Defence)
The post-driving consumption defence, commonly known as the "hip flask defence," is used in drink driving cases where the driver claims to have consumed alcohol after driving but before providing a specimen to the police. The aim is to demonstrate that the alcohol detected was not present at the time of driving, meaning the driver may not have been over the legal limit while in control of the vehicle. This defence is highly technical and relies on expert toxicological evidence to establish how alcohol was absorbed and metabolised in the body.
At Allen Hoole Solicitors, we have extensive experience in successfully advancing hip flask defences. We work closely with leading toxicology experts who can analyse the timing and quantity of alcohol consumed in relation to the police procedure, providing crucial scientific support. Our specialist drink drive solicitors will carefully assess your case, advise on the strength of the defence, and ensure every detail is expertly presented in court.
Technical Defences
Our drink drive solicitors’ expertise allows us to identify potential technical defences. These can include challenges to the reliability of the breathalyser machine, issues with how the test was administered, or questions regarding whether the alcohol level exceeded the legal limit at the time of driving (rather than at the time of the test).
We have access to leading toxicology experts and can instruct specialists to evaluate the case and provide expert testimony where necessary.
High Risk Offenders and DVLA Medical Requirements
If your alcohol reading is significantly above the legal limit, you may be classified as a high risk offender by the DVLA. This has additional implications beyond the court proceedings, particularly when it comes to regaining your licence.
In these cases, you will not automatically have your licence returned at the end of your disqualification. Instead, you must satisfy the DVLA that you are medically fit to drive, which may involve a medical examination and evidence of reduced alcohol consumption.
We will explain whether these rules apply to you and what steps you should take. Early preparation can help avoid delays when applying for your licence. Our role is to ensure you understand both the court process and the longer-term implications.
Can You Avoid a Driving Ban? Special Reasons Arguments
Even if you are found guilty of driving with excess alcohol, there may be special reasons that the court should consider when sentencing. For example, if you drove only a very short distance or in an emergency, this may reduce the severity of the drink driving penalty you face.
The Drink Drive Rehabilitation Scheme (DDRS)
The Drink Drive Rehabilitation Scheme is a course that may be offered by the court at the time of sentencing. If you complete the course, you can reduce your period of disqualification by up to 25 percent.
The course focuses on helping individuals understand the risks of drink driving and develop safer habits. While it is not suitable in every case, it can be a constructive option for many clients.
We will advise you on whether the scheme is likely to be offered and whether it is appropriate for your situation. If it is available, we can help you understand the benefits and what is involved so you can make an informed decision.
Why Instruct a Specialist Drink Driving Solicitor?
At Allen Hoole Solicitors, we have access to the best forensic experts in toxicology, as well as specialists in the functioning and reliability of intoxilyzer machines used to measure breath alcohol levels. These experts can provide crucial evidence in court that challenges the prosecution's case.
In addition, our large team of solicitor advocates has extensive experience in drink driving cases, giving us a significant advantage in defending these types of charges. Our size and resources mean we can offer a comprehensive defence strategy, whether that involves identifying procedural flaws, working with experts, or negotiating with the prosecution.
How Allen Hoole Can Help With Your Drink Driving Case
As the largest criminal defence firm in the South West of England, Allen Hoole Solicitors is known for providing top-tier legal representation in drink driving cases. We have represented hundreds of clients, helping them navigate the complexities of drink driving laws and successfully mitigating penalties or having cases dismissed altogether.
Our experienced team of solicitor advocates works closely with our clients, ensuring that every potential avenue for defence is thoroughly explored. We understand the serious consequences of a drink driving conviction and are committed to achieving the best possible outcome for our clients.
Frequently Asked Questions About Drink Driving
Will I go to prison for drink driving?
Yes, you can go to prison for a drink driving offence in the UK. A prison sentence becomes more likely if your alcohol level is significantly above the limit, if you have previous convictions, or if the offence involved an accident or dangerous driving.
Courts assess seriousness using drink driving sentencing guidelines and the specific circumstances of each case.
How long will I be banned from driving?
The minimum drink driving ban is 12 months. The length increases depending on your alcohol level and any previous offences.
Higher readings can lead to bans of 18 months or more. Repeat offences may result in longer disqualifications. Completing a rehabilitation course can reduce the ban by up to 25 percent.
Can I still drive until my court date?
In most cases, you can continue driving until your court hearing, unless the police have imposed an immediate suspension.
A driving ban usually only begins once you are convicted in court. It is important to check your bail conditions or paperwork to confirm whether any restrictions apply before your hearing date.
Is it worth getting a solicitor for drink driving?
Drink driving cases can involve technical evidence and strict procedures. A solicitor can identify issues with how evidence was obtained, assess whether a drink driving defence is available, and present mitigation effectively.
Legal advice helps ensure informed decisions are made and that the case is approached with a clear understanding of potential outcomes.
How much does a drink driving solicitor cost?
Costs vary depending on the complexity of the case. A straightforward guilty plea is usually less expensive than a contested trial requiring expert evidence.
At Allen Hoole Solicitors, we provide a clear estimate in advance, outlining what work is included and any additional potential costs.
Will a drink driving conviction show on a DBS check?
A drink driving conviction will appear on a basic DBS check until it becomes spent. It may also be disclosed on standard or enhanced checks, depending on the role.
The length of time it remains visible depends on the drink driving sentence imposed and the applicable rehabilitation period under current legislation.
Can I travel to the USA with a drink driving conviction?
A single drink driving conviction does not usually prevent travel to the United States. However, entry is ultimately decided by US border officials.
Additional offences or more serious circumstances may affect eligibility. Travellers should check current entry requirements and may need to apply for a visa in certain situations.
How long does a drink driving conviction stay on my record?
A drink driving conviction remains on your driving record for 11 years. For criminal record purposes, it becomes spent after a shorter period, depending on the sentence.
Even after becoming spent, it may still affect insurance premiums and could be disclosed in certain circumstances, such as specific job applications or checks.
Contact our Drink Driving Solicitors Today
To find out how Allen Hoole Solicitors can assist you with legal representation in drink driving cases, please contact our offices in Bristol, Cheltenham and Keynsham or fill out our online enquiry form, and we will respond to you promptly.