Drink Driving Solicitors
Our Drink Driving Solicitors have achieved excellent results at 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 Page.
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.
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 Drive 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
Road Traffic Act 1988, Section 5(1)(a)
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 12 weeks.
Road Traffic Act 1988, Section 5(1)(b)
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.
Our Drink Driving Solicitors
The offence of Drink Driving and Drunk in Charge could potentially result in a prison sentence, 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.
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.
We represent clients for drink driving in Birmingham, Manchester, London, Leeds, Liverpool, Bristol, Wolverhampton, Nottingham, Sheffield, Derby and Leamington Spa.
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