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Drink Driving

Drink Driving

Drink driving is a serious offence. If you have been caught drink driving you need to get in touch with a legal professional as the penalties are harsh and the charge is difficult to defend. Our team has the experience and the knowledge to help defend you against this grave charge and minimise the sentence as much as possible.

What is the current legal drink driving limit?
If you are breathalysed, you must produce a reading of 35 milligrams or less per 100 millilitres of breath. If your breath reading is under 50 milligrams the police will offer you a blood or urine test to double check your breath reading. The blood limit must come below 80 or you will be charged with the offence of drink driving.

Penalties for Drink Driving
If you are caught drink driving you will face the following penalties:
• A six month custodial sentence
• A fine of up to £5000.00
• A 12 month loss of licence

However, if you are the driver of a vehicle involved in an accident causing death and are shown to be over the legal limit for alcohol while driving the penalties include up to 14 years in prison and an unlimited fine. You could also be disqualified from driving for up to two years.

Defences
Saying that you did not realise that you were over the legal alcohol limit to drive a motor vehicle is not a defence. However, you may have a defence if you can show:
• You had to drive to escape physical danger (such as another person attacking you). The court will consider how far you drove the likelihood of harm coming to you if you did not drive when they consider this defence
• You consumed alcohol after the event of an accident but before the police tested you, and this later consumption of alcohol put you over the legal limit
• Your drink was spiked
• The police did not follow proper procedure when testing and/or questioning you
• An emergency situation meant that you had to drive
• You were not driving on a public road

Because of the serious nature of drink driving, these defences can be difficult to prove, and may only lead to a reduction of the final sentence, not an acquittal. If you believe you have a valid defence against drink driving then call our office today on 0845 567 7999 and we will listen to the circumstances of your case and advise you on the next best steps to take.