Drink Driving (Driving with Excess Alcohol)

An allegation of drink driving is one of the most common yet serious motoring offences a person can face. It asserts that you were driving, attempting to drive, or in charge of a vehicle while over the prescribed alcohol limit. The consequences of a conviction are severe, including a mandatory minimum 12-month driving disqualification, a substantial fine, and even the risk of a prison sentence in some cases. A conviction can affect your employment, increase your insurance premiums, and have a lasting personal impact. Facing this charge requires immediate, specialist legal advice to navigate the technical procedures and protect your licence.

At Central Chambers Law, our senior legal consultants are experts in defending all types of motoring offences, including drink driving. We possess a deep, technical knowledge of the complex laws and procedures that the police must follow. Our function is to provide a clear, strategic defence that meticulously examines every piece of prosecution evidence for flaws. We are specialists with the expertise to challenge the case against you and achieve the best possible outcome.

Understanding the Offence: What is Drink Driving?

Drink driving, legally known as "driving with excess alcohol," is a criminal offence under Section 5 of the Road Traffic Act 1988. It is committed when a person drives or attempts to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood, or urine exceeds the prescribed legal limit.

The law is strict and does not require any proof of bad driving. The sole issue is whether you were over the legal limit while in control of the vehicle. The prescribed limits in England, Wales, and Northern Ireland are:

• 35 micrograms of alcohol in 100 millilitres of breath
• 80 milligrams of alcohol in 100 millilitres of blood
• 107 milligrams of alcohol in 100 millilitres of urine

The Key Elements of the Offence

To secure a conviction for drink driving, the prosecution must prove three core elements beyond a reasonable doubt:

1. You were Driving or Attempting to Drive: They must prove you were actually driving the vehicle or making a clear attempt to do so.
2. The Location: The incident must have occurred on a public road or in another place to which the public has access.
3. Exceeding the Limit: The level of alcohol in your system, confirmed by a breath, blood, or urine sample, was over the legal limit at the time of the offence.

The prosecution's case rests almost entirely on the evidence from the breathalyser procedure or the subsequent blood/urine sample. This makes the procedural aspect of the investigation critical.

The Drink Driving Procedure: How Cases are Investigated

The process for a drink driving investigation is highly procedural, and police must follow it correctly. Any error can invalidate the evidence.

The typical process is as follows:

• Roadside Breath Test: If police have a reasonable suspicion you have been drinking, have committed a traffic offence, or have been in an accident, they can request a preliminary breath sample at the roadside.
• Arrest: If this test is positive, or you fail or refuse to provide it, you will be arrested and taken to a police station.
• Evidential Breath Test: At the station, you will be required to provide two further specimens of breath into a complex evidential breathalyser machine. The lower of the two readings is the one that will be used as evidence.
• Blood or Urine Sample: If the breathalyser machine is unavailable or not working, or if you have a medical reason why you cannot provide a breath sample, police may require you to provide a sample of blood or urine instead.
• Charge: If the evidential sample is over the legal limit, you will be charged and bailed to appear at a Magistrates' Court.

Why Central Chambers Law Provides the Definitive Defence

Defending a drink driving allegation is a highly technical specialism. It is not about whether you "felt" drunk, but whether the police can prove, through correctly obtained evidence, that you were over the limit. A general lawyer may not have the specific knowledge to challenge this evidence effectively.

Clients trust Central Chambers Law because we are experts in road traffic law. Our reputation is built on our ability to forensically scrutinise the prosecution's case for procedural errors that can lead to an acquittal. Our strategic approach involves:

• Scrutinising Police Procedure: We meticulously examine every step of the process. Did the officer have lawful grounds to stop you? Was the NIP procedure followed correctly? Were you given the correct statutory warnings at the police station? Any failure can be a basis for a successful defence.
• Challenging the Breathalyser Evidence: The breathalyser machines are not infallible. We are experts in analysing the device's service and calibration records and its operational printout. We can identify faults or errors that render the reading unreliable.
• Analysing Blood and Urine Samples: If a sample of blood or urine was taken, we examine the procedures used. Was the sample taken correctly by a qualified professional? Was it stored and analysed properly? Was a portion provided to you for independent analysis?
• Presenting Substantive Defences: We are skilled at advancing defences such as "post-driving consumption" (the 'hip flask' defence), where you drank alcohol after driving but before being tested, or arguing that you were not on a public road or in a public place.

Our focused expertise means we are perfectly equipped to provide the technical, intelligent defence needed to challenge the evidence and protect your licence.

Consequences of a Conviction

The penalties for drink driving are severe and are imposed to deter offenders.

• Mandatory Driving Disqualification: A conviction results in a minimum driving ban of 12 months (or 3 years for a second offence within 10 years).
• Unlimited Fine: The court can impose a fine with no maximum limit.
• Prison Sentence: For the most serious cases, the offence carries a maximum sentence of 6 months' imprisonment.
• Criminal Record: A conviction will result in a criminal record that can affect employment and travel opportunities.

Protect Your Licence with an Expert Defence

A drink driving charge is a direct threat to your ability to drive. The law is complex and the evidence is highly technical. It is a mistake to assume that a positive breath test means you have no defence.

Do not risk your driving licence by facing this charge without specialist advice. Contact our expert motoring offence solicitors immediately for a confidential consultation and take the first critical step in building your defence.

‍