Drink Driving, also known as ‘Driving over the legal limit’ or ‘Driving in excess of the prescribed limit’ is a serious offence. If you are convicted, the Magistrates’ will impose a mandatory disqualification from driving, the minimum period being 12 months unless you can argue special reasons. Often the disqualification period is longer depending on the evidential reading and whether or not there are any aggravating features. In addition, the court will also impose a fine, community order or an immediate custodial sentence. If this is your second offence, the minimum period of disqualification is 3 years.

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It is for the prosecution to prove the allegation against you. You are innocent until proven guilty and the prosecution must have evidence to prove:

  • That a person drove or attempted to drive a motor vehicle on a road or public place
  • That he or she did so after consuming so much alcohol that the proportion of it in a sample of breath, blood or urine exceeded the prescribed limit.

There are strict procedures that the police must follow when obtaining an evidential specimen of breath, blood or urine and if they do not follow these properly, they may not be able to rely on the evidence obtained from the specimen.

Penalties for drink driving can have a devastating effect on not only your personal life but also your career. Depending on the circumstances of your case, you may be able to argue special reasons to avoid a disqualification or a shorter period.

If you are under investigation or have been charged with an offence of drink driving, it is extremely important that you obtain expert advice from the outset. We have a wealth of experience defending these types of allegations and will always call you to discuss your case and provide initial free advice.

Please call our road traffic defence solicitors in confidence on 0161 930 5151 or email crimeandregulatoryteam@gorvins.com

Alternatively please complete the contact form on this page and we will contact you as soon as possible.

If your call is out of normal office hours please call 07843 978201 and we will contact you as soon as possible.


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