I am a specialist drink driving solicitor. I know that being accused of driving with excess alcohol can difficult to cope with. Drivers with alcohol readings above 35μg/100ml of breath, 80mg/100ml of blood or 108mg/100ml or urine can find themselves before the Magistrates’ Court. A minimum driving disqualification of 12 months can be extremely challenging to cope with.
If the police have accused you of driving with excess alcohol and you want to challenge the case against you, I can help. Are you worried about a court appearance for driving with excess alcohol? I can help with that too.
How I Defend Driving with Excess Alcohol Cases
- Advising whether to answer questions in a police interview
- Do the prosecution have enough evidence to prove their case?
- Is there evidence to show that the accused was driving or attempting to drive?
- Are there any errors in procedure by the prosecution?
- Have the police followed the correct procedure in taking the sample of blood, breath or urine?
- Has the sample of blood, breath or urine been tested properly either by the machine or by the analysts in the laboratory?
- Should the case be dealt with by a guilty plea to being over the limit whilst in charge of a vehicle meaning that the mandatory 12 month driving disqualification can be avoided?
- Are there any special reasons to avoid the minimum 12 month driving ban?
- Is there any mitigation to keep the penalty that the magistrates impose down to a minimum?
Drink Driving Solicitor – Frequently Asked Questions
Follow this link for my drink driving FAQs.
Also Known As
- Drunk driving
- Drink driving
- Driving with excess alcohol
- Driving whilst drunk
- Driving over the prescribed limit (driving OPL)
- Driving under the influence (DUI) – an American term rarely used in England and Wales
Not to Be Confused With
- Driving whilst under the influence of alcohol or drugs
Penalties for Driving with Excess Alcohol
The magistrates’ court will impose:
- Unlimited fine, a community order or imprisonment of up to 6 months
- A mandatory driving disqualification of at least 12 months (36 months for the second offence in 10 years)
The length of the driving disqualification can be reduced by ¼ if the magistrates offer a drink driver rehabilitation course.
When a magistrates’ court sentences someone for driving with excess alcohol for the first time they use these guidelines.
|Level of alcohol||Starting point||Range||Disqualification|
|Breath (μg)||Blood (ml)||Urine (ml)|
|36 – 59||81 – 137||108 – 183||Band C fine||Band B fine to Band C fine||12 – 16 months|
|60 – 89||138 – 206||184 – 274||Band C fine||Band C fine to low level community order||17 – 22 months|
|90 – 119||207 – 275||275 – 366||Medium level community order||Low level community order to high level community order||23 – 28 months|
|120 – 150 and above||276 – 345 and above||367 – 459 and above||12 weeks’ custody||High level community order to 26 weeks’ custody||29 – 36 months|
Where Will the Case Be Heard
Cases of driving with excess alcohol are heard in the Magistrates’ Court. Appeals are dealt with in the Crown Court.
Find Out More
- Frequently asked questions about drink driving.
- Legal advice for a police interview
- Taking a case to trial in the Magistrates’ Court
- Special reasons not to disqualify or give penalty points
- How I can help with a guilty plea in the Magistrates’ Court
- Appeals to the Crown Court against conviction and sentence
- Second opinions
- Great value fixed fees
Unsure If You Need Legal Representation for Driving with Excess Alcohol?
Before you decide if you need a solicitor, call me or request a call back under no obligation.