Drink Driving Defence Solicitors

Blown over the limit? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.

If the correct procedures have not been followed when the police took your breath, blood, or urine sample you may have a defence to a charge of drink driving. Or, if you can show a special reason such as someone, unbeknown to you, having spiked your drink before you started driving this might also save you from disqualification.

Without legal advice to explore all the options and avenues available to you, you could be looking at a mandatory 12-month disqualification and a large fine (means tested) for a first offence.

The Law

The law makes it an offence to drink and drive if you drive or try to drive on a road or other public place after “consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.”

The legal drink driving alcohol limit is -

• ·Breath - 35 milligrams per 100 millilitres of breath

• ·Blood alcohol level for driving is 80 milligrammes of alcohol per 100 millilitres

• ·Urine - 107 milligrammes per 100 millilitres of urine.
  

At the Roadside

If you are stopped by the police whilst driving, you may be asked to provide a roadside breath sample. If you refuse to provide a sample you could be arrested, taken to the police station and charged with refusing to provide a specimen at the roadside – an offence which carries a minimum driving ban of 12 months.

At the Police Station

If you provide a positive reading at the roadside, you could be taken to a police station to provide a sample. If you refuse to provide a sample at the police station, you could be charged with refusing to provide a specimen at the police station – an offence which carries a minimum driving ban of 12 months. You can ask for a lawyer, but the police do not have to delay the breath sample procedure for you to receive legal advice.

If you provide a positive sample at the police station, you may be charged with drink driving. The police will take your prints and photographs.

If convicted the endorsement code on your licence will be DR10 for Driving or attempting to drive with alcohol levels above the limit.

Defences for Drinking and Driving Allegations

Once you receive a summons or charge sheet you should take legal advice. The main defences for drink driving offences are:

• The Hip Flask defence i.e., the alcohol that took you over the legal limit was consumed after you stopped driving - see our Case Study for Client B

• Proving that you were not in fact driving.

• Showing the vehicle was not driven on a road or in a public place.

• Challenging the reliability of the police evidence - see our Case Study for Client A

• Raising a medical defence such as Auto- Brewery Syndrome 

At your first consultation we will tell you whether we think you may have a defence and of what we need to do – obtain an expert’s report for example – to prove this. As our case studies demonstrate, having an experienced driving lawyer review your file may reveal a defence to what would otherwise seem a straightforward case.

Once you have been advised on the realistic prospects of successfully defending the charge, we can devise a strategy for fighting your case in court. For example, we may want to show that the police did not follow the strict procedure for obtaining a breath, blood or urine sample from you or there were defects in the paperwork.

Avoiding a Ban – Special Reasons

A mandatory disqualification for a minimum period of 12 months will be imposed by the Court if you are convicted for drink driving unless you can show special reasons.

If you can show special reasons as to why you were driving whilst over the limit, then the Court has the power not to disqualify you or to disqualify you for a shorter period.  A Special Reasons argument is not technically a defence to the charge but an argument in mitigation.

The main examples of Special Reasons Arguments are -

• The Spiked drinks defence – you never realised you were intoxicated above the legal limit as without your knowledge your drinks were laced

• Emergency driving - In an emergency you had no choice but to drive

• Short Distance driving – without putting any other drivers or pedestrians at risk you only drove a very short distance

See our case studies for examples of our track record of successfully winning special reasons arguments. If we think you have grounds to apply to avoid disqualification under this procedure, we will list your case for a special reasons hearing and advise you on whether we need expert evidence to support your case.

Special Reasons – Case Study

Client D Client D was a nurse charged with drink driving.  D had been drinking at home. D was asked by her neighbour to move her car as it was partially obstructing the driveway.  Client D drove her vehicle a distance of two yards but collided into the rear of another parked vehicle.  A member of the public called the police who duly attended.  Client D was taken to a local police station and breathlysed. She was found to over the limit.  She was later charged with drink driving.

D was represented by Patrick O’Hanlon at Court, D pleaded guilty to drink driving but raised Special Reasons on the grounds of distance driven. A special reasons hearing was requested. At the special reasons hearing the Bench accepted the argument and D was not disqualified.

Shortening the Ban - Drink Drive Rehabilitation Course

You can reduce your period of disqualification by 25% by completing a Drink Driver Rehabilitation Course. If the Court agrees to offer you the option of completing the course, it will fix a deadline by which the course must be completed.  If it the course is concluded by the deadline, then the disqualification imposed must be served in full.

Recent changes to the law mean that the  Court no longer has the power to extend this deadline, a fact many clients are often not told of which means they may be unable to complete the course in time.

Penalties

In summary:

• First Offence – you can expect a 12 Month Minimum Ban and a substantial (means tested) fine.

• Second Offence - (if within 10 years of first) you can expect a 3 year minimum ban and a Large Fine (means tested)
  

Sentencing Guidelines

The Sentencing Guidelines Council publishes guidelines for the sentences that can be imposed for drink driving based on the level of alcohol found in breath, blood or urine sample.

Excess Alcohol (drive/attempt to drive) (Revised 2017)

Road Traffic Act 1988, s.5(1)(a)

Effective from: 24 April 2017

Triable only summarily
Maximum: Unlimited fine and/or 6 months
Offence range: Band B fine – 26 weeks’ custody