The Offence:
It is an offence to drive, or attempt to drive a motor vehicle whilst over the prescribed limit. Currently, the limit in this country is 35 microgrammes in 100 millilitres of breath, or 80 millilitres in 100 millilitres of blood.
The Penalty:
The penalty depends upon the level of the breath, blood or urine reading. The higher the reading, the greater the penalty. The current Magistrates Guidelines (4th August 2008) suggest a financial penalty if your breath reading is 90microgrammes or below, increasing to a community penalty or even custody if significantly higher.
Any conviction will result in a mandatory disqualification of at least 12 months. In more serious cases, the length of the disqualification will increase. Anyone who has been convicted of a drink driving offence within the preceeding three years will face a minimum disqualification of three years.
How we can help:
In limited cases, the procedure giving rise to the taking of the specimen can be challenged. In addition there are certain limited circumstances in which it is possible to argue that even though guilty of the offence, a "Special Reason" exists for you not to be disqualified. Our solicitors all have a wealth of experience in dealing with these types of cases and are able quickly to identify those cases in which there is a prospect of success. Even where there is no defence, our solicitors are able to effectively mitigate your case before the magistrates to ensure that the sentence imposed is a fair one.
Case Study:
Mr A from Harrogate was charged with drink driving. He provided a specimen of urine which was analysed and found to contain excess alcohol. , The law required Mr A to provide two specimens of urine within one hour and for the second specimen to be analysed. However during Mr A’s trial it was established that Mr A had been asked to “stop and start again” when providing his urine specimen, and consequently had provided a continuation of the first specimen, rather than a second. He was acquitted of the offence
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