Your licence, job and freedom may be at risk. If you’ve failed a breath, blood or urine test or have a court date, speak to a solicitor today.
Drink Driving Defence Solicitors for England & Wales
- Immediate Legal Advice
- Drink Driving Specialists
- Free Initial Case Review
Call For A Free Consultation
Charged with drink driving?
Specialist
Defence Lawyers
A drink driving charge can have serious, long-term consequences. This offence carries a mandatory driving disqualification, with the minimum length being 12 months (or 3 years if you have been convicted of a relevant offence previously). In more serious cases, this offence can carry a prison sentence.
At Verida Legal, we specialise exclusively in motoring law. Our solicitors have extensive experience defending drink driving cases across England and Wales. We offer free initial advice and fixed-fee representation so you know exactly what to expect from the start.
Charged with Drink Driving?
“Drink driving” usually refers to driving or attempting to drive while over the legal alcohol limit. Some cases involve being “in charge” of a vehicle while over the limit, even if you were not actually driving at the time.
Many drink driving cases start with a roadside breath test, followed by an evidential breath, blood or urine test at the police station. Depending on what happened, you may also face related allegations such as failing to provide a specimen or being unfit to drive.
If you’ve received paperwork, don’t guess your way through it. Early advice can make a real difference.
Under section 5 of the Road Traffic Act 1988, it is an offence to:
Drive, attempt to drive, or be in charge of a motor vehicle while over the prescribed alcohol limit.
If you drive or attempt to drive the vehicle, you can be charged with drink driving. If you are in control of the vehicle but not driving it, you can be charged with being in charge of a vehicle whilst over the limit.
You can also be charged under section 4(1) of the same Act if you were unfit to drive through alcohol, regardless of any test result.
How We Defend Drink Driving Cases
Every case is different and small details can make a big difference.
That is why it is crucial we review the evidence thoroughly.
Our solicitors examine all aspects of the case and identify possible defences.
Depending on the circumstances, we may look at:
Incorrect Procedure
Police must follow strict steps and give the correct statutory warning. If they didn’t, it can weaken the case. We check the timeline & paperwork for errors.
Unreliable Evidence
Test results depend on correct procedure, handling and records. Mistakes or missing docmentation can make evidence unsafe. We scrutinise the process end to end.
Post-driving Consumption
If alcohol was consumed after driving, the reading may not reflect your level at the time. Timing is crucial. We assess the evidence to see if this applies.
No Likelihood Of Driving
For “in charge” cases, it is a defence if you can show that there was no real likelihood you would drive the vehicle whilst over the limit. If you had no intention of driving, that can be a defence.
Special Reasons Argument
Even where you are technically guilty, there may be special reasons as to why the court should avoid imposing a driving ban. We have extensive experience preparing and presenting these arguments. Examples include:
- Your drink was unknowingly spiked
- You drove a very short distance with good reason
- You were driving in an emergency
These arguments require careful preparation, evidence, and persuasive presentation in court. This is something our solicitors can provide for you.
The only way to know if a defence is available to you is to review the evidence thoroughly. As this is our area of expertise, we know what to look for when reviewing your case. We cross-reference your account of events with the evidence provided by the prosecution, leaving no stone unturned.
Exclusive Focus on Motoring Law
Fixed Fees for Every Case Type
Sentencing Guidelines for Drink Driving
Drink driving is treated seriously by the courts. If you plead guilty or are found guilty, the court will sentence you using the Sentencing Council guidelines.
The penalty depends on the facts of the case, especially your alcohol reading (breath, blood, or urine) plus any aggravating or mitigating features.
| Level of alcohol | Starting point | Range | Disqualification | Disqualification 2nd offence in 10 years |
||
|---|---|---|---|---|---|---|
| Breath (μg) | Blood (mg) | Urine (mg) | ||||
| 120–150 and above | 276–345 and above | 367–459 and above | 12 weeks' custody | High level community order - 26 weeks' custody | 29 - 36 months (Extend if imposing immediate custody) | 36 – 60 months |
| 90 – 119 | 207–275 | 275– 366 | Medium level community order | Low level community order - High level community order | 23 – 28 months | 36 – 52 months |
| 60 – 89 | 138–206 | 184–274 | Band C Fine | Band C Fine - Low level community order | 17 - 22 months | 36 – 46 months |
| 36 – 59 | 81–137 | 108–183 | Band C Fine | Band B Fine - Band C fine | 12 – 16 months | 36 – 40 months |
Whether you have been charged or released under investigation, we’ll guide you through the process and fight for the best possible outcome.
What to Do if You’ve Been Charged
If you’ve been arrested or received a postal charge for drink driving:
- Do not ignore it – you may be required to attend court.
- Contact us immediately – early legal advice can significantly influence the outcome.
- Have your paperwork ready – we’ll review your charge sheet and any other paperwork you have received.
Our solicitors will explain the process and review your case in detail. We will provide clear, practical advice on your options.
