DUI Solicitors (Driving Under the Influence)
Specialist Driving Offence Solicitors, Barristers and Legal Team available to represent clients accused or charged with DUI (Driving Under the Influence)
Driving Offence Services
If you have been charged or are under investigation for DUI (Driving Under the Influence), it is crucial to seek expert legal advice immediately. While “DUI” is a term more commonly used in the United States, it refers to the same offence as Drink Driving under English law. In the UK, this offence falls under the Road Traffic Act 1988, which makes it an offence to drive, attempt to drive, or be in charge of a vehicle with alcohol levels above the legal limit.
At Kang & Co Solicitors, we are a leading private motoring defence law firm recognised by The Legal 500 and Chambers & Partners for our expertise in criminal and driving law. Our team of specialist solicitors and barristers provide clear, honest, and strategic legal advice for individuals accused of DUI offences across England and Wales.
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What is DUI (Driving Under the Influence)?
DUI, or Driving Under the Influence, refers to operating or attempting to operate a motor vehicle while impaired by alcohol. In England and Wales, this offence is prosecuted under Section 5 of the Road Traffic Act 1988. A person commits an offence if they drive or attempt to drive a motor vehicle on a road or public place after consuming alcohol in excess of the prescribed legal limit.
Even if a person appears to be driving safely, exceeding the legal alcohol limit is enough to warrant a conviction. The prosecution does not need to prove that your driving was impaired—only that your alcohol level was above the limit at the time of driving.
Chambers Top Ranked Law Firm
Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.
Legal 500 Leading Firm
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
Evidence of Drink Driving
The police must establish reliable evidence that a person was driving or attempting to drive and that their alcohol level exceeded the legal limit. This evidence is usually obtained through:
- Roadside breath tests using approved devices.
- Evidential breath testing conducted at a police station.
- Blood or urine samples, if breath samples are not possible or are disputed.
- Witness evidence, such as observations of erratic driving, behaviour, or admissions of drinking.
- CCTV or dashcam footage, if relevant to the incident.
Our solicitors carefully examine the procedures followed by the police, ensuring all evidence has been collected lawfully and that testing devices were properly calibrated and used in accordance with regulations.
AGREED FEE
CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£3,000 + VAT
What is “Under the Influence” of Alcohol?
A person is considered “under the influence” of alcohol when their ability to drive safely is impaired due to alcohol consumption. However, the legal test in England and Wales is primarily based on breath, blood, or urine alcohol levels, not solely on physical behaviour or signs of intoxication.
This means that even if a driver feels in control, they may still be above the legal alcohol limit and therefore guilty of the offence. Conversely, if a person is below the legal limit but shows signs of impaired control, the police may consider other offences such as driving while unfit through drink or drugs under Section 4 of the Road Traffic Act 1988.
What is the Legal Drink Drive Limit in England and Wales?
The current legal alcohol limits in England and Wales are:
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Breath: 35 micrograms of alcohol per 100 millilitres of breath
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Blood: 80 milligrams of alcohol per 100 millilitres of blood
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Urine: 107 milligrams of alcohol per 100 millilitres of urine
It is impossible to safely calculate how much alcohol will exceed the legal limit, as it varies depending on factors such as body weight, food intake, metabolism, and time since consumption. Even small amounts of alcohol can push a driver over the limit.
Sentencing for DUI in England and Wales
DUI is taken very seriously by the courts and carries a range of penalties depending on the circumstances and level of alcohol recorded. Sentencing follows the Sentencing Council’s Drink Driving Guidelines, which take into account the alcohol reading, level of impairment, previous convictions, and aggravating or mitigating factors.
Typical sentencing outcomes include:
- Driving Ban: A mandatory disqualification of at least 12 months for a first offence, rising to 3 years or more for repeat offenders.
- Fine or Community Order: Fines can range from several hundred to several thousand pounds, or community service may be imposed.
- Custodial Sentence: In serious cases, such as high alcohol readings or incidents involving injury, imprisonment of up to 6 months may be imposed.
- Criminal Record: A conviction will appear on your record, affecting future employment, insurance, and travel.
The courts also have discretion to offer a Drink Drive Rehabilitation Course, which, if completed successfully, can reduce the driving ban by up to 25%.
How Can a Lawyer Help in a DUI Case?
An experienced DUI solicitor can make a significant difference to the outcome of your case. At Kang & Co, we will:
- Review the police evidence and identify weaknesses or procedural errors.
- Advise whether you have a valid defence or if it is better to enter a guilty plea with mitigation.
- Represent you in court and present evidence or legal arguments to achieve the best possible outcome.
- Help you prepare mitigation to minimise penalties or avoid disqualification, where possible.
- Ensure your case is handled professionally and discreetly at all times.
Our solicitors and barristers are highly experienced in defending drink driving allegations and can represent you both at the police station and in court.
Can a Person Be Sent to Prison for DUI?
Yes. Although most DUI cases result in a driving ban, fine, or community order, imprisonment is possible in more serious circumstances—particularly where there are aggravating factors such as:
- Extremely high alcohol readings
- Collisions or injuries caused
- Prior convictions for drink driving or other serious motoring offences
- Refusal to provide a specimen
The maximum penalty for drink driving in England and Wales is 6 months’ imprisonment, an unlimited fine, and a minimum 12-month driving ban.
Why Choose Kang & Co Solicitors?
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National Legal Representation
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No Obligation Initial Telephone Assessment
What Defences Are There for DUI?
While DUI charges are serious, there are several legal defences that can be raised depending on the evidence and circumstances of your case.
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No Evidence of Driving
If the prosecution cannot prove you were driving or attempting to drive the vehicle, the charge may be dismissed. For example, if you were sitting in a stationary vehicle with no intent to drive, you may not be guilty of the offence.
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Procedural Errors or Paperwork Issues
Police officers must follow strict procedures when conducting breath, blood, or urine tests. Any errors in the paperwork, timing of tests, or equipment calibration can render the results inadmissible.
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Inaccurate Breath or Blood Reading
Faulty testing equipment or improper sample handling can lead to inaccurate readings. We often instruct forensic experts to analyse the reliability of the results.
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Post-Driving Alcohol Consumption
If alcohol was consumed after driving but before being tested—for instance, if you had a drink at home after returning—this may provide a valid defence if supported by credible evidence.
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Spiked Drink
If you were unknowingly given alcohol, you may not have been aware that you were over the limit. Evidence such as witness statements, CCTV, or toxicology reports can support this defence.
Our legal team will carefully examine every aspect of your case to identify possible defences or procedural flaws that may lead to your acquittal or a reduction in sentence.
Our Testimonials
Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.
Our Reputation
We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients on Trustpilot, Google Reviews and Yell.
Our ever growing law firm is ranked as a leading firm in the field of Criminal Law by the prestigious Chambers UK Law Firm guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.
Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
Navigating DUI charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised driving offence defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0345 222 9955 and discuss how we can help you defend against DUI charges.
Our Offices
Birmingham
Cornwall Buildings
45 Newhall Street
Birmingham, B3 3QR
London
330 High Holborn
London
WC2A 1HL
Milton Keynes
Elder House
Elder Gate
Milton Keynes, MK9 1LR
