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Drink Driving Solicitors
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Drink Driving Solicitors
If you have been charged with drink driving, we understand how overwhelming this feels. The worry about what happens next, whether you will lose your licence, what it means for your job and your family – it can be all-consuming. You are not the first person to go through this, and you do not have to face it alone.
At Caddick Davies, we are specialist drink driving solicitors who handle these cases every day across England and Wales. We are here to explain where you stand, what your options are, and what we can do to help.
A drink driving charge does not always lead to a conviction. There may be a defence available, a procedural error the police made, or a way to reduce the impact on your life.
This page covers the drink driving offences we defend, how the prosecution process works, the penalties and sentencing guidelines, the defences available, and the Drink Driving Rehabilitation Scheme. Call us on 0333 443 2366 for a free, no-obligation conversation with a specialist solicitor.
Free Initial Consultation For Drink Driving Charges
All calls or enquiries to us are free and without obligation. When you call we will ask you to provide one of our expert motoring solicitors with details about your drink driving case and will then speak to you to identify any further issues which may be of relevance, including the importance of your licence to you.
Once we have done this, we will provisionally advise you on the issues, give an honest assessment with regards to your drink driving charge and propose a strategy as to how to approach your case in order to achieve the best possible outcome. Caddick Davies Solicitors have a great deal of experience of successfully representing clients in a range of motoring offences, including drink driving charges.
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"I would like to thank Neil and his team for providing a very thorough and professional service throughout my case."
What Does a Specialist Drink Driving Solicitor Do?
A specialist drink driving solicitor defends motorists charged with alcohol-related motoring offences. This includes driving with excess alcohol, being drunk in charge of a vehicle, and failing to provide a specimen.
Our drink driving solicitors represent clients in motor offence courts nationwide. Led by Neil Davies, one of the UK’s most experienced motoring offence solicitors, our team brings deep knowledge of drink driving law and the technical evidence involved.
We have handled over 10,000 cases. We are regulated by the Solicitors Regulation Authority (SRA number 611830).
Highly Competitive Legal Fees
We believe in fee transparency. Our solicitors will discuss costs with you during your initial telephone call.
We operate on a fixed fee basis, meaning we agree a fee for all the work required in your drink driving case, including preparation and representation at court. There are no hidden charges.
If we are successful in defending your case, you may be entitled to a Defendant Costs Order to recover the costs of your legal representation.
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What Happens When You Are Charged With Drink Driving?
Being charged with a drink driving offence can feel like your world is falling apart. Here is what typically happens so you know what to expect.
If you are stopped by police on suspicion of drink driving, you will usually be asked to provide a breath sample at the roadside. If the reading is positive, you will be taken to a police station where you will provide a further evidential specimen on a calibrated device.
In some circumstances, a blood or urine sample may be taken instead.
It is important to seek legal advice as soon as possible after being charged. Being charged does not always mean you will be convicted – there may be a defence available upon closer examination of the evidence.
What Drink Driving Offences Can Our Lawyers Defend?
Our drink driving lawyers handle every type of drink driving offence. Below are the main categories we regularly defend.
Driving With Excess Alcohol
This is the most common drink driving offence. The prosecution must prove you were driving a motor vehicle on a road or public place with a breath reading above 35 micrograms of alcohol per 100 millilitres of breath.
The offence carries a mandatory driving disqualification of at least 12 months, an unlimited fine, and potentially a prison sentence.
Drunk in Charge of a Motor Vehicle
You can be charged with being drunk in charge if you are over the legal limit while in charge of a vehicle, even if you were not actually driving. The maximum sentence includes up to 3 months imprisonment, an unlimited fine, and either disqualification or 10 penalty points.
You may have a defence if you can demonstrate there was no likelihood of driving while over the limit.
Failing to Provide a Specimen
If you refuse or fail to provide a specimen of breath, blood, or urine without a reasonable excuse, this is a separate offence carrying penalties equivalent to drink driving itself.
Certain medical conditions may amount to a reasonable excuse. Our solicitors will assess whether this applies in your drink driving case.
What Are the Penalties for Drink Driving?
A drink driving conviction results in a disqualification from driving for a minimum of 12 months. If convicted twice in 10 years, the minimum driving ban rises to 3 years.
Depending on the severity of the offence, you could also face an unlimited fine, a community order, or a custodial sentence.
Penalty points are not imposed alongside a driving ban. However, where the court does not disqualify for a charge of being over the limit while in charge of a vehicle, 10 points will be endorsed on your licence.
A criminal record for drink driving can affect your employment, travel, and insurance for years. Our solicitors can explain what applies in your specific drink driving case.
Drink Driving Sentencing Guidelines
Magistrates’ courts follow the sentencing guidelines below when dealing with a first-time offender who enters a guilty plea. The starting point and range depend on your breath reading or equivalent blood or urine result.
| Breath (ug) | Blood (ml) | Urine (ml) | Starting Point | Range | Ban Length |
|---|---|---|---|---|---|
| 36-59 | 81-137 | 108-183 | Band C fine | Band B-C fine | 12-16 months |
| 60-89 | 138-206 | 184-274 | Band C fine | Band C to low community order | 17-22 months |
| 90-119 | 207-275 | 275-366 | Medium community order | Low to high community order | 23-28 months |
| 120-150+ | 276-345+ | 367-459+ | 12 weeks custody | High community order to 26 weeks custody | 29-36 months |
These guidelines came into force on 24 April 2017. Where there is a previous conviction within 10 years, the starting point for a driving ban is 3 years, rising to 5 years in serious cases.
Our solicitors can explain how these guidelines apply to your specific drink driving case and advise on the likely outcome.
Frequently Asked Questions About Drink Driving
How Does a Drink Driving Prosecution Work?
A drink driving prosecution begins when the police obtain an evidential specimen. This is usually a specimen of breath taken on a calibrated device at the police station. In some cases, a blood or urine sample is taken instead.
The prosecution must prove the correct procedure was followed at every stage. Common areas where errors occur include how the breath test was administered, whether you were offered the statutory option to replace breath with blood, and how specimens were stored and analysed.
If the prosecution cannot prove its case to the required standard, the charge may be dropped or dismissed at trial. Our solicitors will scrutinise every detail of the procedure to identify any weakness.
Can a Drink Driving Solicitor Help You Avoid Conviction?
Many people assume a drink driving charge is impossible to fight. That is not always true.
You may have a defence if the police failed to follow the correct procedure when obtaining the specimen, the alcohol reading was unreliable, or you consumed alcohol after driving but before the test. This last scenario is commonly known as the hip flask defence.
Even where you plead guilty, special reasons may apply – such as spiked drinks, driving a very short distance, or genuine emergency – which could mean you are not disqualified.
We will always be honest about whether a realistic prospect of success exists. If the evidence is strong, we can still help by presenting mitigation to reduce the sentence and the length of the driving ban.
What Is the Drink Driving Rehabilitation Scheme?
If you are disqualified for a drink driving offence, the court may offer you the opportunity to complete the Drink Driving Rehabilitation Scheme. Completion of this course can reduce the length of your driving ban by up to 25 percent.
A prison sentence is possible but not common. Custody is generally reserved for the most serious cases – typically where the alcohol reading is very high, where there is an accident involving injury, or where the offender has previous convictions. For most first-time offenders, the penalty is a fine or community order alongside a mandatory driving disqualification. Our solicitors can give you an honest assessment of the likely sentence in your particular case.
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We have a highly-effective track record in defending motoring charges, leading to no penalties, or considerably reduced penalties, being imposed on our clients.
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We have been successfully representing clients in motoring courts nationwide
Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
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