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 in defending clients accused of drink 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 in Bristol, Cheltenham and Keynsham

Don’t wait for your court date to build a defence. Decisions made in the first 24 hours, such as identifying errors in your MGDDA police station paperwork, are critical. Our drink driving solicitors are available 24/7 to provide an immediate case assessment and ensure that your rights were protected during the evidential breath test process.

Bristol Office: call us at 0117 9420901 or email lawyers@allenhoole.co.uk

Cheltenham Office: call us at 01242 522201 or email mail@allensyoung.co.uk

Keynsham Office: call us at 0117 9420901 or email lawyers@allenhoole.co.uk

Why Legal Representation is Crucial in Drink Driving Cases

Many individuals facing drink driving charges may assume that their case is straightforward due to a positive breathalyser test. However, drink driving cases are complex and may involve a number of potential defences. It is important to seek legal representation to ensure your rights are fully protected and to explore all avenues of defence that may be available in your specific case.

Allen Hoole Solicitors' expertise in this area allows us to carefully scrutinise every aspect of the prosecution’s case, providing our clients with the best possible chance of avoiding a conviction or reducing the penalties.

UK Drink Driving Limits

To understand if you have a viable defense, 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.

Penalties and Sentencing Reforms

A drink driving conviction carries a mandatory minimum 12-month driving disqualification. However, modern sentencing guidelines have introduced more sophisticated court powers, including:

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 license is returned.
Immediate Administrative Suspensions: In many cases, police now have the power to issue temporary suspensions at the roadside immediately following a failed evidential test.

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 we 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 motoring law 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 expertise in drink driving cases 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.

Special Reasons Argument

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 penalties you face.

Frequently Asked Questions About Drink Driving

Can I avoid a ban if I need my car for work or family?

No. Unlike speeding offences, "Exceptional Hardship" is not a defence for drink driving. To avoid a ban, you must either win the case on a technicality or prove "Special Reasons" relating to the circumstances of the offence itself.

What is a "Sobriety Tag"?

This is an electronic ankle tag that monitors your sweat for traces of alcohol. Under recent sentencing reforms, courts can use these to enforce "Alcohol Abstinence Requirements" as part of a community order.

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

A conviction remains on your driving record for 11 years. During this time, it must be declared to insurance companies, which typically results in significantly higher premiums.

Can I be charged with drink driving if I was only sitting in the car?

Yes. This is known as being "In Charge" of a motor vehicle (Section 4 of the Road Traffic Act). While it does not carry a mandatory 12-month ban like "Driving," you can still receive 10 penalty points or a discretionary disqualification. The defence often relies on proving there was "no likelihood" of you driving while over the limit.

What is the "Short Distance" defence in drink driving cases?

The "Short Distance" defence is a type of Special Reasons argument. It applies when a driver was technically over the limit but only drove a very short distance (e.g., moving a car a few meters) in circumstances where they were unlikely to come into contact with other road users. If successful, the court can choose not to impose a driving ban.

How does a "Spiked Drink" defence work?

To use a "Spiked Drink" defence, you must prove on the balance of probabilities that your drink was laced with alcohol without your knowledge and that you would have been under the legal limit had the drink not been spiked. This usually requires expert toxicological evidence and witness testimony.

Will a drink driving conviction affect my travel to the USA?

A single drink driving conviction does not automatically bar you from entering the USA under the Visa Waiver Program (ESTA), as it is generally not considered a "crime involving moral turpitude." However, multiple convictions or cases involving injuries can lead to visa denials and require a formal interview at the US Embassy.

What is the Drink Drive Rehabilitation Scheme (DDRS) course?

The DDRS course is an educational program that the court may offer at the time of sentencing. If you complete the course at your own expense, your driving ban is typically reduced by 25% (e.g., a 12-month ban is reduced to 9 months). You must be offered this by the Magistrate; you cannot apply for it later.

Expert Knowledge and Resources

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.

Why Choose Allen Hoole Solicitors?

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.

Discuss Your Defence Strategy With Our Specialist Team of Drink Driving Lawyers

Reading about the drink driving law is only the first step. Whether you are facing a High-Risk Offender medical or need to challenge a procedural error, our drink driving solicitors provide the expert advocacy required to secure the best possible outcome.

Contact our drink driving solicitors today for a confidential consultation at the office most convenient for you: