Drink Driving Solicitors

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Drink Driving – DR10

There are many different types of drink/drug driving related offences. The law in relation to this area of the Road Traffic Act is extremely complex.

Non motoring law specialists do not have the expertise to deal with this area of law. We do!  The statutory provisions and the case law is extremely complex. We could write a book just deal with drink/drug driving related offences.

We are dealing with these offences day in and day out and we have the expertise to give you the best chance of avoiding a ban.

Here’s a list of the most common drink driving related offences;

Driving/being in charge of a vehicle whilst under the influence of drink or drugs (section 4 Road Traffic Act 1988).

The police tend to charge people with this offence if they have not been able to take an evidential sample of breath/blood/urine from a person, but take the view that the suspect may be able to prove that they have a reasonable excuse for failing to supply a specimen. If the police feel that despite this a person’s standard of driving was affected by (influenced by) drink or drugs, (for example car weaving, slurred speech, glassed eyes) then they can try and prove this offence at court.

Driving whilst under the influence carries a minimum 12 month obligatory driving ban.

Being in charge of a vehicle whilst under the influence carries 10 penalty points or a discretionary ban.

Driving/being in charge of a vehicle whilst the proportion of alcohol in your breath/blood/urine exceeded the legal limit. (section 5 Road Traffic Act 1988.)

This is the most common drink driving related offence. The police will charge you with this offence if they claim to catch you on suspicion of driving on a road (or in charge of a motor vehicle) whilst over the limit, arrest you and at the police station you give a positive sample of breath/blood or urine that’s above the legal limit.

In breath the legal limit is 35 mg, but the police won’t charge you if your reading is 40mg or above. In blood the legal limit is 80 ml. In urine the legal limit is 107 ml.

There are a huge number of different statutory rules in relation to the way in which the police have to deal with these investigations and also a huge amount of case law. If you have been charged with this offence we will need to talk to you about what happened to assess your chances of defending the matter or avoiding the minimum obligatory 12-month ban.

Driving whilst over the limit carries a minimum 12 month ban (3 years if its your second offence in ten years).

Being in charge over the limit carries 10 penalty points or a discretionary ban.

Failing, without a reasonable excuse, to provide a specimen of breath for analysis at the roadside (preliminary test). (Section 6 Road Traffic Act 1988)

Failing to give a sample at the roadside can lead to an arrest and evidential samples being taken at the police station. If you have not been drinking then our advice will normally always be to cooperate and give the sample. Even if you have been drinking the police have a legitimate reason to ask for this sample if you have committed a moving traffic offence or if they have a reasonable suspicion you may have committed a drink driving related offence.

You have a defence to this allegation if you can show that you have a reasonable excuse for failing to supply the sample. Therefore if you have a medical reason that may affect your ability to give a sample tell the police at the time!

This offence if convicted carries 4 penalty points or a discretionary ban.

Failing, without reasonable excuse,  to supply a specimen of breath for analysis at the police station in the course of an investigation into a drink driving allegation. Section 7 Road Traffic Act 1988.

This is a really serious offence if convicted and carries the same penalties as drink driving. Therefore if you are convicted of failing without a reasonable excuse you will be at risk of a minimum 12 month ban and normally fines and court costs on top.

The law surrounding this section of the Road Traffic Act 1988 is complex. We need to talk to you if you have been accused so that we can get to the bottom of what happened and work out if we have a chance of helping you defend the matter or avoid a ban.