Drink Driving Defences

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. Our solicitors have extensive knowledge of the law surrounding drink driving offences and help you to mount the strongest defence available.

A drink driving charge is a serious criminal offence that can not only result in severe penalties, but can affect your day-to-day life, your work and your freedom. However, if you believe you are innocent of the alleged offence, legal representation from JMW can help. Our assistance can reduce the penalties you may receive or result in charges being dropped, depending on the specific circumstances of the allegations.

To speak to an experienced lawyer about a drink driving allegation, contact JMW now on 0345 872 6666 or fill in our online enquiry form and we will give you a call back.

How JMW Can Help

At JMW, our expert solicitors will consider all aspects of the police procedures that were followed from the moment you first came into contact with the police until the moment you were released. Any errors in how the police carried out the drink drive procedure could render evidence inadmissible. 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 whether any issues relating to the functioning of the breath test device that was used by the police 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 in this way, and if they are the sole source of evidence that you were driving while above the legal alcohol limit, this could result in charges being dropped.

All of our lawyers are knowledgeable about the technical workings of these machines and have access to leading experts in this particular field, who will be able to comment on the functionality of the machine in question. Further, our expert drink driving solicitors have a strong track record of success and can help you to make a not guilty plea with confidence.

Meet Our Team

JMW's solicitors offer expert legal advice relating to drink and drug driving offences. We understand the limitations inherent to the testing process, whether breath, blood or urine tests are used, and the required structures of police station procedure. As such, we are in a strong position to identify concerns and help you to raise the strongest possible defence.

How Are Breath Tests Used for Drink Driving Offences?

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, you will usually be asked to provide a sample for a breath alcohol level test. If the sample shows that you have consumed excess alcohol, you will be taken to a police station where further tests may be administered.

If you have provided two samples for which both readings exceeded 50mg of alcohol in 100ml of breath, or both 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, you may be charged with an offence.

The officer conducting the test must produce two samples, and give the second urine or blood sample to you, which can enable you to conduct independent tests to verify the results. If an independently tested blood, breath or urine sample returns a different alcohol reading, this can undermine the prosecution's evidence and serve as a valid defence.

What Are the Legal Defences for a Drink Driving Case?

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. A breath reading may suggest that they have drunk more than they actually did, or indicate that there was too much alcohol in their body despite the fact that they waited for several hours or even overnight before driving.

At the same time, a not guilty plea can be a serious risk, as if you are found guilty in court, you may be given a much stronger sentence than you would otherwise have received. The sentencing guidelines for drink driving offences allow for a reduction in sentencing for an early guilty plea.

The good news is that there are several legal defences available, some of which are based on challenges to police procedure and the functionality of machines involved in breath tests. While you may also believe that there is nothing you can do to avoid a conviction, this is not the case, and you should speak to a solicitor at your earliest opportunity to learn more about the defences that may be available. These will depend on the specific circumstances and the offence you are charged with, which may be:

• Driving or attempting to drive with alcohol above the prescribed limit
• Being in charge of a vehicle while above the prescribed limit
• Driving while unfit through drink

Some legally recognised defences that can reduce your sentence or even result in a not guilty verdict include:

Not driving or attempting to drive

For a charge of driving or attempting to drive over the limit, the prosecution must prove beyond a reasonable doubt that you were driving or attempting to drive a motor vehicle on a road or public place. A defence may arise where:

• You were not the driver.
• The vehicle was not on a road or public place.
• There is insufficient evidence of driving or an attempt to drive.

“Attempting to drive” is interpreted broadly, and even if you can prove that there was no intent to drive, you may be charged with the related offence of being in charge of a vehicle while over the limit. If this is the case, it is a defence to prove, on the balance of probabilities, that at the time there was no likelihood of you driving the vehicle while the level of alcohol in your body remained above the prescribed limit.

The defendant must positively establish that there was no realistic prospect of driving while still over the limit, and this can be complicated without support from an experienced solicitor. Relevant factors that you may raise in your favour include:

• The location of the vehicle.
• Possession of the keys.
• Any intention to drive later.
• Availability of alternative transport.
• Where you were seated in the vehicle.

If the court accepts that there was no likelihood of driving while still over the limit, you may be entitled to an acquittal on that specific charge.

Post-driving consumption (the “hip flask” defence)

This defence applies where the allegation is that you were over the limit at the time of driving, but you can prove that you consumed alcohol after driving but before providing a specimen. To succeed, you must show that alcohol was consumed after driving, and that you would not have been over the limit at the time of driving without the alcohol consumed afterwards.

The burden in these cases is on the defendant to raise sufficient evidence. The court will usually require expert evidence to calculate alcohol levels at the relevant time, and JMW can help you to find a suitable expert and gather evidence that supports your version of events. This defence is highly technical and depends on reliable timing evidence and accurate toxicology calculations, which is why it is vital to work with an experienced solicitor.

Procedural and evidential errors

Drink driving prosecutions are highly procedural, and a failure to follow statutory requirements can invalidate evidence. To begin with, the police must have lawful grounds to require a roadside breath test or evidential specimen, which means that they have a reasonable suspicion of alcohol consumption. There are also strict procedural rules that govern the administration of breath tests and the handling of samples. Any failures in the chain of evidence or procedural errors, including those related to the use and calibration of evidential devices, may render evidence inadmissible or unreliable and work in your defence.

For related offences such as failing to provide a specimen, you may also be able to mount a defence on the basis that a genuine medical reason prevented you from providing a sample.

Special reasons and mitigating circumstances

Mitigating circumstances may be raised to minimise the penalties you are likely to face and ensure that your sentence is not overly harsh. While they will not influence whether or not you are found guilty, mitigating circumstances could enable you to avoid or reduce disqualification.

Your solicitor may raise special reasons on your behalf if they apply, which they may if you can show that you drove a very short distance because of an emergency, or if you drove without knowing that you had consumed alcohol because your drinks were spiked. If established, the court may decide not to impose the mandatory minimum disqualification, but the conviction remains.

Mitigating personal circumstances include if you have no previous convictions, showed genuine remorse for your actions, or have made attempts to account for your behaviour (such as remaining sober since the incident). These may also work to minimise your penalty, although the minimum sentence will typically still apply in these cases.

What Are the Penalties for a Drink Driving Charge?

Drink driving is a serious offence, and the potential penalties can be severe. Use JMW's penalty calculator below to learn more about the possible sentences for these offences, and remember that working with a solicitor is the best way to make sure your rights are protected and your defence is raised.