What is A Drink Driving Offence?
The offence of drink driving is committed if:
“a person drives or attemps to drive a vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence”
What is the penalty for drink driving?
- Fine and/or imprisonment for a maximum of 6 months
- Obligatory disqualification from driving for 12 months
- Where a second offence is committed within 10 years a minimum period of 3 years disqualification will be imposed.
What are the defences?
The defences which may be argued in cases of drink driving can range from factual defences such as, “I wasn’t driving” to technical defences surrounding the operation of the evidential breath testing equipment and the breath testing procedure.
As specialists in drink driving we have a detailed knowledge of the defences which may be argued and a comprehensive list of these is provided on our page Drink Driving Defences.
How we can help
As specialist drink driving solicitors we have the technical expertise to advise you on all aspects of your case and will provide you with an open and honest appraisal of your case at the outset. If we are able to identify a defence in your case we will tell you and will provide clear advice on the prosoects of your case. In other cases where a defence is not immediately apparent, we may advise that further investigations need to be made in order to identify any defence. By way of example, we may need to obtain a copy of the cctv footage of the evidential breath testing procedure at the police station in order to determine whether or not the police have made any procedural errors which may lead to your acquittal.
If we believe that there is no defence available to you we will advise you of the best approach to mitigating (minimising) your sentence, including where possible the avoidance of disqualification on the grounds of “special reasons” and minimising the length of any disqualification imposed. For more detailed consideration of these issues please see our Mitigation page.
In certain circumstances, you may inform us that in view of the consequences of the loss of your licence, including a possible loss of employment and the impact on your family, that you simply wish to delay the process and “buy yourself” time. If this applies to you, please feel free to discuss this with us, as this may be achieved without any increase in the length of disqualifcation ultimately imposed and in some cases may lead to the discovery of a hidden defence.