Expert Drink Driving Solicitors London
Have you been charged with drink driving?
Speak to a specialist lawyer who can help you
DRINK DRIVING
Speak to Neil or Gillian
0800 433 2880
PREFER TO SPEAK TO US?
The information below may be useful and answer some of your questions but if you would rather speak to us, then please feel free to give us a call on 0800 433 2880.
Alternatively, you can fill in our “Request a Call Back” form here so we can arrange an informal chat to go through your case and the options available to you completely free of charge.
Ask to speak to Neil or Gillian!
If you are facing an allegation of drink driving, it is important that you receive advice from specialist lawyer. Road Traffic Law is a very niche area of criminal law and not all lawyers have sufficient experience in this area to advise you correctly.
Receiving good advice early on is often crucial in a drink driving case. Each case is unique so we would urge you to contact us as soon as possible to discuss the specifics of your case. Drink driving is one of the most serious allegations a motorist can face and the consequences of a convcition can be severe and far-reaching. Advice from a specialist can have a significat impact on the end result so it is important you do not delay, particularly if you are considering defending the allegation. If you are considering pleading guilty to the offence, we can help minimise the penalty you face.
Our expert drink driving lawyers, Neil Sargeant and Gillian Forrest are here to help you and we can provide free and comprehensive advice about the options available to you. We will not bomboard you with legal jargon as we understand that you likely need answers to specific questions. We will help you reach a point where you can make a more informed decision on how you would like to move forward with your case. We may also be able to alleviate some of your concerns and help you feel more confident in dealing with the proceedings you now face, so please feel free to contact us to discuss.
Many motorists assume that they have to plead guilty to this offence but this is simply not the case. As motor defence specialists, we have an outstanding success rate of securing our clients’ acquittals. The vast majority of our clients walk away from court with their licence intact and without a criminal record.
The advice we give is largely dependent upon the type of sample you have given to police, so please select from one of the options below to proceed:
I have given a breath sample
I have given a blood or urine sample
I have failed to provide a specimen for analysis
What makes Motoring Defence Solicitors different?
Being charged with an offence can be a frightening experience but a lawyer can help you. Finding the right representative can be a daunting process, but we believe our success rate speaks for itself. We have a proven track record and our success is due to the expert knowledge accumulated over 30 years of experience. We will examine every aspect of your case and provide you with clear, uncomplicated advice.
Unfortunately, no firm can ever guarantee a specific outcome as the final decision will always be with the court, but what we can guarantee is that if there is a way to defend your case, we will identify it when the evidence becomes available to us. As part of this process we will scrutinise the case against you and look specifically at:
Police Procedure
The procedure in place at the police station is there to protect you.
As a civilian who may not have ever been in a police station before, it is to help ensure that any evidence taken from you is done so farily and lawfully. Following the correct procedure should also help provide you with all the information you need to understand what is happening.
It is a strict procedure and you would be amazed (or possibly alarmed!) at how many cases we examine where officers have either made mistakes or cut corners.
Ultimately, any divergences from the prescribed procedure may be important and could be used to help defend your case.
How the Evidence was Obtained From You
Whether the sample you provided to police was that of breath, blood or urine, this is a key component of any drink driving case.
Depending on the type of sample, we usually examine:
- The breathalyser device you were tested on (which can be prone to faults like every other piece of electrical equipment).
- How you provided your blood or urine sample
- How the sample was stored, preserved, transported to the laboratory and ultimately how it was analysed
If evidence has been obtained from you incorrectly then this may help us defend the case against you.
The Strength of the Evidence Against You
The Prosecution must be able to convince the court beyond reasonable doubt that you are guilty of having committed this offence.
To do this, they must rely upon the evidence they have to prove certain aspects or elements of the allegation. For example, they must clearly be able to prove that you were driving the vehicle as part of any drink driving allegation.
We know that defendants often plead guilty before seeking advice, possibly because of negative advice at the police station or a feeling of having no other choice.
The evidence against you must be strong enough to prove that you are guilty, and we see a huge number of cases where the evidence is simply not good enough to do that.
Prosecution Procedure
The Prosecution has obligations that they must satisfy when preparing a case for trial and we regularly deal with cases where they fail to do this.
It is one of your fundamental legal rights to have a fair trial and we have regularly and successfully argued that the failings of the Prosecution prevent you from enjoying this right.
This can often lead to the case against you being dismissed.
Whether Special Reasons apply
Special reasons can apply to a variety of different cases and circumstances. You can read more about that by clicking here.
A non-motor law specialist may advise you to plead guilty. Therefore, we would strongly recommend that you contact us to get the most accurate advice.
Motoring Defence Solicitors
We are a niche firm based in central London that specialises in road traffic law and defending motorists across England & Wales. This page is for those motorists who are facing a drink driving charge or attempting to drive a motor vehicle while under the influence of alcohol.
Testimonials
Customer Testimonials >
Rhys
10/10 Service!! I had a drug driving case (cannabis) and was looking at a minimum of a 3 year ban. Neil and Richard were brilliant and picked up on cr...
David
I sought Neil Sargeant’s help with an appeal against a drink driving conviction after reading excellent reviews and success statistics online – how ac...
Harriet
Spoke to Gillian who was lovely, understood my work schedule and didn’t give up on me. Court put my charges up from drink driving to unfit to drive but Gillian kept me reassured.
James
Gillian and the team were spectacular in understanding the circumstances we as a family had found ourself in and gave us great advice, constant support and clear information.
Will I definitely be disqualified?
Unfortunately the court’s hands are tied to an extent when it comes to sentencing and if you plead guilty or are found guilty then they have no discretion and must impose a disqualification of at least 12 months. The main ways you can avoid a disqualification is via successfully defending your case (which is what we specialise in at Motoring Defence Solicitors) or if special reasons apply.
How can Police prove drunk driving?
It is the evidential testing of breath, blood or urine that determines whether a driver is over the limit. A constable makes a requirement for one of the three tests to be undertaken at a police station or a hospital, and where the result is positive, i.e. over the prescribed limit, the driver will be charged and required to attend court to answer the charge.
Will I go to jail for high-range drink driving?
An immediate custodial sentence can be imposed in the more serious of drink driving case, where a driver has provided a particularly high reading in breath, blood or urine, and/or substantial damage or loss has been caused by the drink driver’s actions.
Anyone with a previous conviction for a similar offence, particularly those with more recent convictions, is at higher risk of imprisonment.
Do you automatically lose your licence for drink driving?
Drink driving carries a mandatory minimum disqualification of 12 months. No matter how remorseful the driver, or how lenient the sentencing bench, following a guilty plea, the legislation is strictly applied.
If, however, a driver enters a not guilty plea, on the basis that they contest the drink driving charge, the outcome is decided by the bench of magistrates or a district judge at a trial hearing.
A driver will either be acquitted and therefore walk free in the same position as before they were charged with the offence, or they will be convicted and immediately disqualified from driving.
How long will the disqualification be on my licence?
For legal purposes, the disqualification is relevant for 10 years. What we mean by this is that if you commit another offence of a similar nature within a 10 year period it has the effect of automatically increasing the minimum term of disqualification from 12 months to 3 years. A conviction of this nature is classed as a criminal conviction and will mean you have a criminal record. Who has access to this record depends on the level of access they have when making enquiries.
What sentence will I get for drunk driving?
Drink driving penalties range from a fine (unlimited, but means tested for drink driving), through to community orders and custodial sentences. Sentencing should reflect the seriousness of the offence, but will largely be determined by the reading provided by the drink driver in breath, blood or urine, taking into account any previous offending behaviour. A detailed case in mitigation should provide information to the bench in respect of a defendant’s character and the impact upon them, their families, children and other third parties affected by any sentence passed.
How long does a drink driving trial last?
Any drink driving trial is listed in accordance with how much evidence is likely to be presented and by how many different people, in addition to the nature and seriousness of the case. Largely, trials in the magistrates’ courts will last for one or possibly two days, whereas, often the most serious drink driving trials involving fatalities, heard at the Crown Court, can last a number of weeks.
Does drink driving show on a DBS check?
Yes. Always.
Where any custodial sentence of between 6-30 months is imposed, the conviction will show for 4 years from the end of the sentence. For custodial sentences of up to 6 months, the conviction will show for 2 years from the end of the sentence imposed.
Where the court impose a community order, any conviction will show for a period of 12 months from the end of the order and finally, if the court decide to impose a fine, the conviction will show on a DBS check for 1 year from the date of conviction.
I was charged with drink driving in Scotland, can you represent me?
Unfortunately the short answer is no. The law in Scotland is slightly different to that in England and Wales and we would recommend speaking to a specialist based in Scotland.
I wasn’t actually driving the vehicle at the time?
“Driving” is a key element to this offence and if you were not the driver then this may provide you with a defence to the allegation. There is also the possibility however that the charge may be amended to one of being “drunk whilst in charge” of a vehicle however this would be dependent upon the circumstances.
I had a copper coin in my mouth at the time, does this mean the test is unreliable?
There are several stories of “tricks” that are able to fool the breathalyser however they are all largely urban myths and will not help you. We would recommend contacting us to discuss your case to see if there is any possible defence available to you or any mitigating circumstances that may help reduce the sentence.