Summer is fast approaching which means that most people will be enjoying their time in their gardens with a paddling pool and drink or two, family barbeque’ s or maybe exploring the UK countryside and enjoying a drink inside a cute village pub. One thing that would halt the summer parties is being caught drink driving (or driving under the Influence). This is something that will have a significant knock-on impact as this carries a mandatory driving disqualification.

What is the Legal Alcohol Limit in the UK?

In England, Wales and Northern Ireland, the limits are:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams of alcohol per 100 millilitres of blood
• 107 milligrams of alcohol per 100 millilitres of urine.

What Happens if You Are Caught Drink Driving?

If you are caught under the influence of alcohol whilst driving a vehicle, you will be charged to court. There are a range of sentences that you could receive from a financial penalty to an immediate prison sentence. This is all dependant on the level of alcohol in your system, as well as the manner of your driving.

There is a mandatory driving disqualification for Drink driving offences. The court have no power or discretion in relation to this. The disqualification is a minimum of 12 months for first time offenders. If you commit a similar offence within 10 years, the starting point is 3 years disqualification.

Can You Reduce a Drink Driving Ban?

You may have an opportunity to undertake a Drink Driver’s Rehabilitation Course. This is a course that you have to pay for and undertake within a specified time frame after conviction. If you complete this successfully, your disqualification will be reduced by ¼.

Defences to Drink Driving Charges

There are some defences to the offence of Drink Driving.

• Post-drive drinking (hip-flask defence)
• Necessity/Duress
• Spiking

There may be some other factors which amount to a defence. You can speak to a motoring offence solicitor within Elliot Mather for some advice in relation to this.

Other Drink Driving Related Offences

You may be charged with offences other than Drink Driving. These will be dependant on the circumstances. Some examples are:

• Being in charge of a vehicle whilst over the prescribed limit
• Failing to provide a specimen for analysis

We can represent you at court in relation to Drink driving, motoring offences or any other offences that may arise. We can also advise if we feel that you have a defence in your specific circumstances. If you require advice in relation to any of the above please contact us on 0330 333 2613.

• Criminal