Drink Driving Solicitors
Specialist drink driving solicitors and barristers
Our Drink Driving Solicitors have achieved excellent results in defending motorists who are being investigated or prosecuted for Drink Driving. If you are being investigated or prosecuted for such an offence, call our specialist Motoring Solicitors on 0345 222 9955 or send us a message via our Contact Form at the bottom of this page.
What is the Drink Driving Law?
There are two main offences when dealing with ‘Drink Driving’ and the starting point for any specialist motoring lawyer is to identify the charge, as the sentence the Court can impose differs.
The offences associated with ‘Drink Driving’ are:
- Driving or attempting to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in the person’s breath, blood or urine exceeds the prescribed limit. Road Traffic Act 1988, Section 5(1)(a)
- Being in charge of a motor vehicle on a road or public place after consuming alcohol so that the proportion of it in the person’s breath, blood or urine exceeds the prescribed limit. Road Traffic Act 1988, Section 5(1)(b)
A Police Constable who must be in uniform may require a person to co-operate in a preliminary test where he reasonably suspects that person to be driving or attempting to drive or in charge of a motor vehicle on a road or other public place with alcohol in his body.
A preliminary roadside breath test will usually take place if the test is failed and indicates that the alcohol limit is above the legal limit, the police constable will arrest and take the suspect to the Police Station to provide an evidential sample.
Venue – Where the trial will be
The offence of Drink Driving or Drunk in Charge are only triable summarily, this means that a trial could only take place in the Magistrates’ Court.
The Drink Driving Limit
There are strict alcohol limits for drivers and if a person is found to be above these limits, they are likely to be prosecuted for a drink driving offence;
- Breath – 35 micrograms of alcohol per 100 millilitres of breath
- Blood – 80 milligrammes per 100 millilitres of blood
- Urine – 107 milligrammes per 100 millilitres of urine
If a defendant is convicted or pleads guilty to drink driving, they will be disqualified from driving for at least 12 months and up to 36 months, if this is the first offence of drink driving. The Magistrates’ Court can also impose a custodial (prison) sentence of up to 26 weeks.
If a defendant is convicted or pleads guilty to drunk in charge, they could be disqualified from driving for up to 12 months. The Magistrates’ Court can also impose a custodial (prison) sentence of up to 6 weeks.
|Level of alcohol||Starting point||Range||Disqualification||Disqual. 2nd offence in 10 years|
|Breath (μg): 120–150 and above|
Blood (mg): 276–345 and above
Urine (mg): 367–459 and above
|12 weeks’ custody||High level community order – 26 weeks’ custody||29 – 36 months (Extend if imposing immediate custody)||36 – 60 months|
|Breath (μg): 90 – 119 |
Blood (mg): 207–275
Urine (mg): 275– 366
|Medium level community order||Low level community order – High level community order||23 – 28 months||36 – 52 months|
|Breath (μg): 60 – 89 |
Blood (mg): 138–206
Urine (mg): 184–274
|Band C Fine||Band C Fine – Low level community order||17 – 22 months||36 – 46 months|
|Breath (μg): 36 – 59 |
Blood (mg): 81–137
Urine (mg): 108–183
|Band C Fine||Band B Fine – Band C fine||12 – 16 months||36 – 40 months|
Visit the official Sentencing Guidelines page for a breakdown of sentencing for Drink Driving.
Best Rated Driving Offence Solicitors
Due to our skill and expertise in successfully defending motorists throughout England & Wales, we are regarded as one of the Top Ranked Motoring Defence Law Firms in Birmingham and Milton Keynes.
Our solicitors are dedicated towards providing our clients with the best possible chance of a successful outcome and we frequently receive 5 Star Reviews and positive feedback from our clients on Google Reviews, Trustpilot and Yell.
If you are at risk of receiving a driving ban, contact us to find out the options available and how we can assist.
Mitigation for Drink Driving
Some of our clients may accept from the outset they are ‘Guilty’ of this offence and require expert legal representation at the Magistrates’ Court for mitigation purposes. Our drink-drive lawyers are skilled and experienced advocates that will tailor your personal mitigating circumstances to advance a compelling case to the Court to obtain the lowest sentence possible. On many occasions our Solicitors and Barristers have represented clients at Court and have obtained significantly reduced driving disqualifications due to our expertise in constructing and presenting persuasive and compelling mitigation to the Magistrates’ or District Judge.
Drink Driving Offence: Section 5(1)(a)
A motorist commits a criminal offence if they drive or attempt to drive a mechanically propelled vehicle, on a road or public place whilst above the prescribed alcohol limit.
The primary consideration as to whether a person is “driving” is essentially a question of fact, dependent on the degree and extent to which the person has control of the direction and movement of the vehicle.
According to the Road Traffic Act 1988, Section 192(1) a ‘road’ means any highway and any other road to which the public has access and includes bridges over which a road passes.
This offence can also be committed if a motorist is found to be driving in a ‘public place’. Whether an area is a ‘public place’ will once again depend upon the individual circumstances of the case.
“Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.”
“I would like to say firstly a big thank you to Kang and Co especially Mr Manjinder Kang Solicitor and Mr Thomas Wheeler Barrister an excellent job done. They both know the law and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this. Everyone makes mistakes and the law can be sometimes not be forgiving and can ruin your life but with these people to help and got the best results, I am truly thankful to you both.”
Second Drink Driving Conviction within 10 Year Period
If you have previously been convicted of drink driving within the past 10 years and are now facing a further prosecution, if you plead guilty or are found guilty, the Court must impose a driving ban between 3 and 5 years.
The Defence for Drink Driving
There are several defences available however, you should seek expert legal advice if you would like to know whether you have a valid defence so that you are advised of the strength of your case and to ensure it is properly presented in Court.
Whether a defence is applicable will depend upon the individual facts and circumstances of your case however, such cases can be challenged on:
- You were not driving / attempting to drive;
- You were not on a road or public place;
- ‘Hip Flask Defence’: This will usually arise when the Police have arrived some time after you stopped driving and the alcohol was consumed after driving. This defence will usually require specific details of the alcohol consumed before and after driving and may also require expert evidence;
- Police procedural errors;
- Reliability of breath reading;
- Reliability of blood / urine reading.
Drunk in Charge Offence: Section 5(1)(b)
A Criminal Prosecution for being ‘Drunk in Charge’ is a different offence to ‘Drink Driving’. The Police will usually prosecute a motorist under Section 5(1)(b) if they are unable to prove that the motorist was driving the vehicle whilst drunk.
What amounts to being ‘in charge’ is not defined within the Road Traffic Act 1988, whether a person is in charge of a vehicle will depend upon the individual circumstances and facts of each case.
The following factors are usually taken into consideration by the Court when determining whether a person is ‘in charge’ of the vehicle:
- whether and where he was in the vehicle or how far he was from it;
- what he was doing at the relevant time;
- whether he was in possession of a key that fitted the ignition;
- whether there was evidence of an intention to take or assert control of the car by driving or otherwise;
- whether any person was in, at or near the vehicle and, if so, the like particulars in respect of that person.
Defence (Drunk in Charge)
A motorist shall not be convicted of being “drunk in charge” if the motorist can prove that there was no intention and / or likelihood of the vehicle being driven whilst the driver was over the prescribed limit. This defence is contained within Section 5(2) Road Traffic Act 1988
It is crucial to note that with the offence of being drunk in charge, the defendant must prove that they did not have any intention to drive the vehicle. The prosecution is under no obligation to prove that the defendant was likely to drive whilst unfit or over the limit.
If it can be proven that there was no likelihood of driving whilst over the prescribed limit, the Court will return a ‘Not Guilty’ verdict.
Special Reasons Arguments
In certain cases, you may not have a defence however, you may have ‘special reasons’ surrounding the circumstances of the offence. If you choose to appoint us, as part of the Fixed Fee our solicitors shall also consider whether there are any applicable Special Reasons Arguments.
The legislation which gives the Court this discretion is contained within Section 34 of The Road Traffic Offenders Act 1988 which states the following:
“Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified”
Definition of Special Reasons
For ‘Special Reasons’ to be accepted by the Court, the circumstances relied upon a need to satisfy the criteria below:
- Must be a mitigating or extenuating circumstance
- Must not amount in law to a defence to the allegation
- Must be directly connected with the commission of the offence
- Must be something which the Court ought to properly take into consideration when imposing sentence.
If a Special Reasons Argument is applicable to the individual circumstances of your case and accepted by the Court, it will enable the Court to deviate from the Sentencing Guidelines (minimum 12-month ban).
The Special Reasons Arguments applicable to drink drive usually include:
- Short Distance Travelled
- Spiked Drink
Special reasons arguments are complex and will often involve expert evidence and cross examination of witnesses. If you believe special reasons may apply in your case, please call us for specialist advice, as a successful Special Reasons Argument can avoid a Driving Ban.
Our Solicitors and Barristers can be appointed to advise and represent you in Court on a ‘Fixed Fee Basis’ our Fixed Fees start from £1,000+VAT and include:
- Full Legal Advice
- Full Case Assessment
- Advice on Plea (whether you should plead Guilty or Not Guilty)
- 1 Meeting at our Birmingham / Milton Keynes / London Office
- Representation at Court
- Our Travelling Costs
- Our Travelling Time
If you would like a Fixed Fee quotation for representing you at Court, please call us and one of our lawyers will explain the options available and the cost of legal representation.
Drink Driver Rehabilitation Course – DDRC
If you decide to plead guilty or are found guilty following a trial, the Magistrates’ Court imposing the sentence will also have the option to offer you the Drink Driver Rehabilitation Course (DDRC) which if offered and accepted at the Sentence Hearing can result in a reduction of up to 25% in the length of the Driving Ban. It must be noted that the Court is under no obligation to offer the Course however, if appointed, our lawyers will explain to the Court why the DDRC ought to be offered.
Our Drink Driving Solicitors
The offences of Drink Driving and Drunk in Charge could potentially result in a prison sentence of 6 months, a driving ban and a substantial court fine. A charge of drink driving should be taken very seriously, and expert legal advice should be sought as soon as possible.
We appreciate that not every case can be defended and for some clients the best approach is to focus on keeping the sentence to an absolute minimum. This is a serious offence which could have long-term repercussions and for that reason it is important to obtain the expert advice from one of our specialist lawyers as soon as possible. We have substantial experience of presenting mitigation before the court and helping our clients to achieve the best possible result in their case.
In preparing a case for drink driving, each aspect of the evidence should be considered by an expert motoring law solicitor to identify weaknesses in the prosecution case and whether a defence is available.
Kang & Co Solicitors have expert motoring law solicitors and barristers with considerable experience in defending cases of drink driving throughout the country.
Call our Solicitors on 0345 222 9955 for an initial No Obligation Telephone Assessment about your case or send us a message via our enquiry form below.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.