Drink driving offences – Getting the right help

Lawtons Solicitors have a dedicated team of specialist motoring offence solicitors located in offices across London and the South East.

These days drink driving is taken very seriously and convictions can have life-changing and far-reaching consequences. This is why you need to seek specialist advice. It could mean the difference between a fine, points on your licence or even going to prison.

Our motoring offence solicitors have the knowledge and expertise to represent you in any motoring and drink driving case.

 

Drink Driving & The Law

We have outlined some possible scenarios for you to use as a reference. It is important to remember that every case is unique and it is therefore imperative that you seek the advice of specialist criminal solicitors. This will help to ensure that you gain the fairest outcome available to you.

The penalty for drink driving can vary depending on the breath alcohol reading taken at the side of the road. The legal limit of alcohol in 100 milliliters of breath is 35 micrograms. Further tests may also be carried out on blood and urine samples.

A low reading will often result in a fine, in the absence of what is known as ‘aggravating features’. Once the reading goes beyond two and half times the limit, Community Sentencing comes into play. This may mean a Probation Order, Community Punishment or even a curfew at your home.

You will almost certainly face a driving ban, the length of which will depend on your breath test reading and the circumstances of the offence.

Beyond a reading of 120, the Court will always consider a prison sentence. Drink driving convictions are recorded, giving you a criminal record, so expert legal advice using specialist criminal defence solicitors is critical.

Aggravating features that increase the risk of a significant sentence include:

  • Previous drink drive offences
  • Involvement in an accident
  • Carrying passengers
  • Poor weather conditions

There are a number of laws that carry an automatic disqualification. The length of disqualification will depend on:

1. First time offence – A drink drive ban begins at 12 months in length
2. Second offence, within 10 years of the first offence – Disqualification must be a minimum of three years

Misleadingly, although drink driving is termed as an ‘Offence Carrying Mandatory Disqualification’ this is not strictly true. As with all motoring offences that may be punished by penalty points or disqualification, if certain factors have prevailed, the Court may use its discretion to avoid imposing the mandatory drink driving disqualification or points. This topic is dealt with in more detail under special reasons.

Special reasons may include:

  • Not knowing your drink was spiked
  • Driving only a very short distance
  • Certain emergency situations

 

Accused of Drink Driving?

Drink driving laws and procedures are complicated. We give simple and sound advice to get the best possible outcome for you. The good news is that there are a number of potential lines of defence. Whatever your situation you should seek urgent assistance from a specialist motoring offence solicitor.

 

Contact Us

For more information about drink driving law and sentences, please call us on 0333 2020972 or email web@lawtonslaw.co.uk

 

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