Police officer holding a breathalyser device for roadside alcohol testing.

Drink Driving

Drink driving is a serious criminal offence with severe consequences, including immediate disqualification from driving and, in some cases, imprisonment. If you are facing a drink driving charge, it is vital to seek expert legal advice from motor offence specialists as early as possible to understand your options and any potential defences.

How Can DJMS Solicitors Help?

It is an offence to drive a motor vehicle on a road or in a public place after consuming alcohol above the prescribed legal limit. The limit is determined by the amount of alcohol in your breath, blood, or urine.

Our specialist road traffic solicitors provide expert legal advice and representation for all drink driving offences, including:

Driving whilst over the prescribed limit (Drink Driving or Excess Alcohol)
Being drunk in charge of a vehicle
Failing to provide a specimen for analysis
Driving while unfit through drink

What Are the Penalties for Drink Driving?

Drink driving carries a minimum 12-month driving disqualification, which can increase depending on the level of alcohol and other aggravating factors, such as:

Carrying passengers
Causing an accident
Driving a commercial or public service vehicle
In some cases, a conviction can also result in imprisonment, community service, or a substantial fine.

What Are the Defences to Drink Driving Charges?

Our motor offence lawyers understand that the circumstances of each alleged offence are unique and will carefully examine the details of your case to determine if expert evidence is needed and if any of the following defences may apply:

Not the driver – you were not the person driving the vehicle.
Not on a road or public place – the driving did not occur in an area subject to road traffic laws.
Procedural errors – the sample collection or testing procedure was not conducted correctly.
Equipment issues – faulty or inaccurate breathalysers or testing equipment.
“Hip flask” defence – alcohol consumed after driving caused you to exceed the legal limit.

Drunk in Charge of a Vehicle

It is also a criminal offence to be ‘in charge’ of a motor vehicle on a road or other public place if the alcohol level in your breath, blood, or urine exceeds the prescribed limit, even if you were not driving.

To be considered ‘in charge’ of a vehicle, there must be a close connection between you and control of the vehicle. Common scenarios include:

Being inside or near the vehicle with possession of the ignition key.
Situations suggesting the potential to operate the vehicle, even if you were not driving.

The definition of ‘in charge’ can be broad, so every case depends on its specific facts, making it crucial to seek expert legal representation to challenge such allegations.

What Are Possible Defences to a Charge of Being Drunk in Charge of a Vehicle?

You may have a defence if you can prove that, at the time of the alleged offence, there was no likelihood that you would have driven the vehicle while over the legal alcohol limit.

This defence often requires expert evidence, such as calculations of alcohol elimination rates, to demonstrate that your alcohol level would have been below the legal limit at the time you might have driven.

Drunk in charge cases can be complex and require early expert legal advice. Building a strong defence often depends on challenging the prosecution’s evidence and presenting technical or scientific proof.

Special Reasons

If you plead guilty or are found guilty of a drink drive charge, you may still avoid disqualification by arguing that special reasons apply. These are exceptional circumstances directly linked to the offence, such as:

Emergency situations – driving due to a medical or life-threatening emergency.
Laced drinks – consuming alcohol unknowingly.
Shortness of distance driven – driving a very short distance under specific conditions.

Special reasons must be argued in Court, and these points are often contested by the prosecution. Legal representation from an experienced team of motor offence lawyers is therefore essential to prepare and successfully present these arguments.

Why Choose DJMS Solicitors?

Our road traffic solicitors are specialists in drink driving cases. We have a proven track record of successfully defending clients and ensuring the best possible outcomes. Whether identifying a robust defence, challenging the prosecution’s case, or arguing for special reasons, we are here to provide expert legal support every step of the way.

If you or a loved one are facing a drink driving charge, contact us for prompt, confidential expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.