Drink Driving Defences Based on a Breath Test

If you have been accused of committing a drink driving offence based on a specimen you gave during a breath reading, you should contact JMW today for help building a defence case. Our solicitors have extensive knowledge of the law surrounding drink driving offences and can provide assistance to ensure that penalties are either reduced or disappear altogether.

To speak to a lawyer about a drink driving allegation, contact us now on 0800 805 8159 or fill in our online enquiry form and we will give you a call back.

If you would like an idea on the type of penalty you could be facing, complete our Drink Driving Penalty Calculator. 

About Breath Tests

In the UK, the current prescribed alcohol limit while driving is 35mg of alcohol in 100ml of breath. If you have been accused of driving while over the legal limit of alcohol, it is likely that one of the following will apply if you provided two satisfactory specimens of breath:

  • Both readings exceeded 50mg of alcohol in 100ml of breath
  • Both of the breath readings exceeded the legal limit but were less than 50mg of alcohol in 100ml of breath and you declined the offer to replace your breath specimens with either a sample of blood or urine
  • Both of the breath readings exceeded the legal limit but were less than 50mg of alcohol in 100ml of breath, but the officer failed to provide you with option to replace your breath specimen.
Drink Driving Penalty Calculator

Answer the 4 questions below to get an idea of what the penalty for your motoring offence could be.

  • Type
  • Reading
  • Convictions
  • Circumstances
  • What type of test were you given?

    • Breath
    • Blood
    • Urine
  • What was your breath reading?

    • 36-59
    • 60-89
    • 90-119
    • 120-150

    What was your blood alcohol level?

    • 81-137
    • 138-206
    • 207-275
    • 276-345

    What was your urine alcohol level?

    • 108-183
    • 184-274
    • 275-366
    • 367-481
  • Have you had any conviction for drink drive related matters in the last 10 years?

    • Yes
    • No
  • Were you stopped by the police due to the manner of your driving or after being involved in an accident?

    • Yes
    • No
  • Result

    Find out more about financial penalties

    Find out more about community penalties and custodial sentences

    We can help. Call us on 0800 804 8159

    Let us contact you.
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Types of Defence

Many motorists find themselves in a situation where they are found to be over the drink driving limit, but believe that they should not be. For example, the breath reading may suggest they have drunk more than they actually did, or that there was too much alcohol in their body despite waiting for several hours or even overnight to drive.

If you find yourself in one of the above situations, you may feel a sense of panic. You may also believe that there is nothing you can do to avoid a conviction. This is not the case. Some of the defences we regularly and successfully use in drink driving breath cases involve challenges to police procedure and machine functionality.

Why Choose JMW?

Our expert solicitors will consider all aspects of your case with regards to the police procedures that were followed from the moment you first came into contact with the police until the moment you were released. We will also look at the manner in which the breath reading was obtained because the slightest oversight or breach could amount to a defence.

We will also consider issues relating to the functioning of the breath test device that was used by the police and various other issues that could have affected the performance of the machine. Our view is that all of the machines relied upon by the police are open to challenge.

All of our lawyers possess knowledge relating to the technical workings of these machines and have access to some of the leading experts in this particular field, who will be able to comment on the functionality of the machine in question.  

Talk to Us

To speak to us about drink driving defence based on a breath test, call us today on 0800 804 8159. Alternatively, please feel free to fill in our online enquiry form and we will get back to you.

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