Specialist Drink Driving Solicitors
At Olliers Solicitors, we understand that facing a drink driving allegation can be a stressful and daunting experience. A conviction can have serious consequences, including a driving ban, fines, increased insurance costs, and in some cases, a prison sentence. However, not every drink driving charge automatically leads to a conviction. With the right legal expertise, there may be defences available to challenge the case against you or mitigate the potential penalties.
Our specialist motoring offence solicitors have a proven track record of successfully defending drink driving cases. We take a proactive and strategic approach, ensuring that every possible legal avenue is explored to achieve the best possible outcome for our clients.
Being charged with drink driving can be an incredibly stressful experience and the consequences are serious. A conviction can lead to a mandatory driving disqualification of at least 12 months, a fine and even the possibility of a prison sentence in more serious cases. At Olliers we have extensive experience successfully defending drink drive cases, we’ve helped clients avoid conviction, reduce penalties and challenge evidence including the reliability of breath, blood or urine tests as well as procedures undertaken at the hospital. Our specialist motoring offence team have a proven track record of successfully defending drink drive cases. With the right legal team there may be defences available to challenge the case against you we take a proactive and strategic approach ensuring that every possible legal avenue is explored to achieve the best possible outcome for our clients. Whether you’re a first-time offender or facing more serious allegations we’re here to guide you through the process. If you’ve been accused of drink driving speak to our expert team as early advice can make all the difference
What Constitutes Drink Driving?
In the UK, it is an offence to drive or attempt to drive a vehicle with alcohol levels exceeding the legal limit.
The limits are:
- 35 micrograms of alcohol per 100ml of breath
- 80 milligrams of alcohol per 100ml of blood
- 107 milligrams of alcohol per 100ml of urine
If you are found over the legal limit, the police will typically charge you with driving with excess alcohol under Section 5 of the Road Traffic Act 1988.
Driving With Excess Alcohol – Breath
When a motorist is stopped and arrested for drink driving and taken to the police station, the first specimen the police will attempt to take is breath. An evidential specimen of breath can only be taken at a police station on an evidential breath testing machine.
There are three evidential breath testing devices:
- The Lion Intoxilyser 6000UK
- The Intoximeter EC/IR
- The Camic Datamaster
When a motorist is taken to the police station, as a starting point a requirement will likely be made for a specimen of breath to be supplied. The police should go through a form called the MGDD/A form with the detainee. Whilst this form is 19 pages, not every question in the form must be read. The main questions that are required surround post-incident consumption, operation of the machine, and the “statutory requirement”. Failure to follow the form exactly is not a bar to conviction for the offence as the form is simply a “plain man’s guide”. With that being said, failing to give or failing to effectively communicate the statutory warning is fatal to any prosecution for driving with excess alcohol.
The statutory warning is a form of words which have been decided to effectively inform a detainee that a requirement for a specimen is being made, and that failure to provide such a specimen will render them liable to prosecution.
Section 7(7) of the Road Traffic Act 1988 makes it clear that an officer must give the statutory warning on requiring a sample from a person. Therefore, even if a sample has been provided, if the warning was not read the sample would be inadmissible.
To comply with the requirement, a motorist will have to provide two satisfactory samples of breath. Typically, the police will not charge if the specimen is below 40 micrograms of alcohol per 100ml of breath despite the limit being 35 micrograms. If a sample is provided that is 40 micrograms or above, a motorist will usually be charged and bailed to attend court.
When Would a Specimen of Blood or Urine Be Required?
There are specific circumstances when a specimen of breath may not be required, and an alternative of blood or urine would be required. These circumstances are outlined in Section 7(3) of the Road Traffic Act 1988:
- The constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required, or
- Specimens of breath have not been provided elsewhere and at the time the requirement is made a device, or a reliable device is not available at the police station, or it is then for any other reason not practicable to use such a device there, or
- A device (the evidential machine) has been used but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.
A requirement for blood or urine would also be the only option with detainees at the hospital, as a specimen of breath can only currently be required at a police station.
Driving With Excess Alcohol – Blood
If for any of the reasons outlined above a specimen of breath is unable to be required or provided, then it is typical that the next specimen that would be required is blood.
The procedure for requiring a blood specimen is much more in depth and requires an extra layer of protection for defendants, seeing as they are being required to provide an intimate sample.
At this stage the officer will move on to the MGDD/B form to continue the procedure.
The procedure will follow a similar format to the breath test procedure, but with some extra layers of protection due to the type of sample which is being required. The police will begin with investigating whether there are any medical or other reasons why a specimen of blood should not be required. If medical reasons are raised, these reasons should be considered by the healthcare professional or doctor who has the ultimate decision on whether a specimen should be taken give the reason raised. If no reasons are raised the officer will then move on to make a formal requirement (statutory warning) for a specimen of blood. At this stage, a detainee will either agree to provide a sample of blood or refuse. If the detainee agrees to provide a sample a further confirmation of consent should occur in front of the doctor or healthcare professional.
It is then likely that the doctor or healthcare professional will do an assessment, obtain a detainee’s consent, and take the sample of blood from them. For the procedure to be lawful, there must be a singular sample, taken from the body on one occasion, which is then split into two samples. One sample is for the police to keep for analysis; the other should be provided upon request to the detainee for their own analysis.
The police will then send the blood sample off for analysis at a forensic laboratory. If the sample is in excess of 80 micrograms of alcohol in 100 millilitres of blood, then it is likely a charge of driving with excess alcohol will follow.
Driving With Excess Alcohol – Urine
Urine is the least often sample which is required. Usually, if it is not possible to obtain a sample of breath, officers will move on to require a specimen of blood. It is, however, the officer’s choice whether the specimen is of blood or urine, and therefore it is possible for an officer to proceed directly to a urine specimen.
Similar to the blood test procedure, the officer will begin the procedure by moving on to the MGDD/B form and investigating any medical or other reasons for the non-provision of a sample of urine. Subject to no reasons being raised, the officer should then move on to make the formal requirement for two specimens of urine. The first specimen should be discarded, with the second specimen being provided within the hour.
This process is usually where officers can slip up. Often, the police will not ensure there are two distinct separate specimens, and this can result in arguments about the admissibility of the urine. A detainee should be advised to fully empty their bladder. The contents of this first urination are to be discarded and then a second sample should be provided within an hour of then which is then split into two. One sample is for the police to keep for analysis; the other should be provided upon request to the detainee for their own analysis.
The police will then send the urine sample off for analysis at a forensic laboratory. If the sample is in excess of 107 micrograms of alcohol in 100 millilitres of urine, then it is likely a charge of driving with excess alcohol will follow.
Hospital Procedures
As the name suggests, there are a separate set of procedures which occur if a motorist is brought to a hospital. A specimen of breath cannot be required at a hospital, so the only specimens which can be required are blood or urine and an officer will go through the MGDD/C form.
The overall procedure relating to the taking of a blood or urine sample is relatively the same as it is at the police station. What path an officer follows will depend on whether a motorist is conscious or unconscious. In most circumstances a motorist will be conscious, and the procedure will proceed. If a motorist is unconscious, a sample of blood can still be taken with the consent of the doctor in immediate charge of the detainee’s case. The procedure would then end until the detainee was fit to continue with the procedure, whereby the officer would make the formal requirements before the sample can be sent off for analysis.
Motorists who are brought to the hospital (usually following a crash or medical episode) are granted certain protections pursuant to Section 9 of the Road Traffic Act 1988. This adds a further layer to the evidential procedure, in that the police need to notify the medical practitioner in immediate charge of their case about the requirement for a specimen. If the medical practitioner in charge of their case is happy for specimens to be required, the officer can move on with the procedure. If the medical practitioner is not happy for the requirement to be made or for specimens to be taken, the procedure would end.
As the rest of the procedure is the same as it is at the police station, once samples are taken they will be sent off for analysis at a forensic laboratory. If the sample is in excess of the legal limit, then it is likely a charge of driving with excess alcohol will follow.
Defences to Drink Driving
While a drink driving charge can feel overwhelming, there are several defences that may apply to your case:
Procedural Errors
The police must follow strict procedures when conducting breath, blood, or urine tests. If there were errors in how the tests were carried out, the evidence may be inadmissible in court.
Faulty Breathalyser or Testing Equipment
Breathalysers and other testing devices must be correctly calibrated and maintained. If there are doubts about the accuracy of the equipment, we can challenge the reliability of the evidential specimen.
Challenging Blood/Urine Results
We can ensure the accuracy of your blood/urine test results by questioning the procedures followed during sample collection and analysis.
We will look to ensure that the correct chemicals were used to preserve the sample, the sample was properly stored, it was tested by an accredited lab using recognised methods, and the analyst is appropriately qualified. We will also scrutinise the analytical material to ensure the analysis is one on which is safe to rely. These factors are crucial and may form the basis of a legal challenge.
Continuity
The continuity of evidence is crucial. Any breaks in the chain of custody can undermine the prosecution’s case.
Lack of Consent
In cases involving specimens of blood, you must provide clear and unconditional consent for the sample to be taken. Improper pressure from an officer can invalidate the sample. In samples involving blood, the legality of obtaining a blood sample is a critical issue that can significantly impact the outcome of a prosecution. Under UK law, the sample must be taken with the individual’s informed and voluntary consent, typically by a registered healthcare professional – not a police officer.
If consent is obtained through coercion, misunderstanding, or without proper explanation of rights, this may constitute a breach of the correct procedure. Courts have consistently upheld that any pressure or improper conduct by officers during this process can render the evidence inadmissible. The prosecution must prove that consent was freely given, often through documentation like the HORT/5 certificate, which must be properly completed and disclosed before trial.
If these safeguards are not strictly followed, it may be possible to challenge the admissibility of the blood sample, which if excluded, would result in an acquittal.
Failure to retain/split/provide sample on request
If the sample has not been split into two (one sample into two vials) or if you have required your sample of blood/urine and the police have either failed/refused to provide you the sample, or the sample has subsequently been destroyed or lost by the police, Section 15 of the Road Traffic Offenders Act 1988 makes clear in these circumstances the prosecution’s sample would be inadmissible.
Doctor in Immediate Charge
In cases where the procedure occurs in the hospital, if the police did not inform the doctor in immediate charge of your case that a specimen would be required, this could render the evidential sample inadmissible.
‘Hip Flask’ Defence
If you consumed alcohol after driving but before being tested, this could explain why your alcohol level was above the limit when tested, even though you were not over the limit while driving.
No Evidence of Driving
The prosecution must prove that you were driving or in charge of the vehicle. If there is insufficient evidence, the case may be dismissed.
Mitigating Factors & Reducing Your Sentence
Even if a defence is not available, there are often ways to reduce the severity of the penalty:
- Highlighting personal circumstances, such as reliance on driving for work or family responsibilities.
- Demonstrating remorse and taking proactive steps, such as attending a drink driving awareness course.
- Challenging the length of a driving disqualification to minimise its impact on your life.
- Advancing a special reasons argument not to endorse/disqualify.
It must be remembered however that the minimum penalty if pleading guilty to or convicted of drink driving is a 12-month disqualification. This is mandatory. Our experienced solicitors will carefully assess your case and present the strongest possible mitigation to the court.
Penalties for Drink Driving
The penalty is largely dependent upon how high your alcohol reading was, but other circumstances will be taken into account:
- The minimum penalty for a first offender is 12 months’ disqualification from driving and an unlimited fine.
- The minimum penalty instantly increases to a three-year disqualification when it is a second offence within ten years.
- Second Offence within a three-year Period and/or an Extremely High Alcohol Level: The court will consider imposing a prison sentence of up to six months, in addition to a disqualification and fine.
At Olliers we will work tirelessly to protect your driving licence and your future.
Level of alcohol
|
Breath(μg)
Blood(mg)
Urine(mg)
|
Starting point | Range | Disqualification | Disqual. 2nd offence in 10 years |
|---|---|---|---|---|
|
Breath(μg)
Blood(mg)
Urine(mg)
120–150
and above 276–345
and above 367–459
and above 90 –119
207– 275
275–366
60 – 89
138– 206
184–274
36-59
81 – 137
108 –183
|
12 weeks' custody | High level community order – 26 weeks' custody |
29 – 36 months (Extend if imposing immediate custody) |
36 – 60 months |
| Medium level community order |
Low level community order – High level community order |
23 – 28 months | 36 – 52 months | |
| Band C fine | Band C Fine – Low level community order |
17 – 22 months | 36 – 46 months | |
| Band C fine | Band B Fine – Band C fine | 12 – 16 months | 36 – 40 months |
(μg)
(mg)
(mg)
and above
and above
and above
Some frequently asked drink-drive questions
The legal limits in England, Wales and Northern Ireland are 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100ml of blood or 107 milligrams per 100ml of urine. Scotland has lower limits: 22 micrograms per 100ml of breath or 50 milligrams per 100ml of blood. There’s no reliable way to calculate how many drinks will put you over the limit; the only safe advice is not to drink at all if you’re driving.
Yes, and this catches many people out. Alcohol takes time to leave your system, roughly one hour per unit consumed, though this varies between individuals. If you drink heavily in the evening, you may still be over the limit the following morning, even if you feel sober. Coffee, food and cold showers don’t speed up alcohol metabolism. If you’ve been drinking heavily, you may need to wait well into the next day before you’re safe to drive.
Drink driving under Section 5 applies when you’re driving or attempting to drive while over the limit and carries a mandatory minimum 12-month disqualification. Drunk in charge under Section 4 applies when you’re in charge of a vehicle while over the limit but not actually driving. The penalties are less severe, 10 penalty points or a discretionary ban, plus a fine or up to 3 months’ imprisonment. There’s also a defence if you can show there was no likelihood of you driving while still over the limit.
Sentencing guidelines divide drink driving into categories. For breath readings: low range is 36-59 micrograms, medium range is 60-89 micrograms, and high range is 90-119 micrograms. Readings of 120 micrograms or above are the most serious category. Higher readings mean longer bans and more severe penalties. A low-range first offence might result in a 12-17 month ban and a fine. A high-range reading is more likely to result in a community order or custody, with a ban of 23-28 months or longer.
For a first offence of driving with excess alcohol, you face a minimum 12-month driving ban, a criminal record, and either an unlimited fine, a community order, or up to 6 months’ imprisonment depending on the severity. The length of your ban depends primarily on your breath/blood reading. A reading just over the limit might result in a 12 – 16 month ban. Higher readings attract longer bans – up to 3 years or more for the most serious cases.
A second drink driving offence within 10 years of the first carries a minimum 3-year disqualification (compared to 12 months for a first offence). The courts also take a much dimmer view of repeat offenders; custody becomes more likely and fines are higher. Insurance becomes extremely difficult and expensive to obtain. Some employers have zero tolerance policies. A second offence suggests a pattern rather than a one-off mistake.
For a straightforward first offence, prison is unlikely unless there are serious aggravating factors, such as causing an accident, a very high reading or having children in the car. However, custody becomes more likely if you were significantly over the limit (roughly 90+ micrograms in breath), you caused an accident or injury, you have previous convictions or you were driving dangerously as well as over the limit.
If you plead not guilty, the court will typically conduct some case management, including considering the issues and witness requirements, and list the case for trial.
Only through a successful “special reasons” argument, and these are rare. Special reasons are specific circumstances connected to the offence (not personal hardship) that the court may consider as grounds for not disqualifying you or reducing the ban. Even if special reasons are found, the court still has discretion. You cannot argue exceptional hardship for drink driving; the ban is mandatory and personal consequences don’t constitute special reasons.
Special reasons must relate to the offence itself, not your personal circumstances. Examples that have succeeded include genuine emergencies (driving someone to hospital when no alternative existed), spiked drinks (where you genuinely didn’t know alcohol was added), very short distances driven and a genuine belief you were under the limit based on specific circumstances. Each case depends on its facts, and the court applies these strictly.
If your ban is 12 months or longer, you may be eligible for the Drink Drive Rehabilitation Scheme (DDRS). Completing an approved course can reduce your disqualification by up to 25%, so a 12-month ban could be reduced to 9 months. You must be offered the course by the court at sentencing, and you’ll need to pay for it yourself (typically £150-250). If you weren’t offered the course at sentencing, you cannot access it later.
You can refuse, but doing so is itself a criminal offence, “failing to provide a specimen”, which carries the same penalties as drink driving: a minimum 12-month ban and a criminal record. The only defence is having a “reasonable excuse,” which means a genuine physical or mental inability to provide the sample, not unwillingness or a tactical decision. In almost all cases, refusing the test makes your situation worse, not better.
Yes, and there are several potential grounds. Procedural challenges include whether the device was properly calibrated, whether the correct procedure was followed, and whether the statutory warning was given.
- If disqualified for 4 Years or Less: You must have served at least 2 years of your disqualification.
- If disqualified for 4 Years to 10 Years: At least ONE HALF of your disqualification must have been served.
- In Any Other Case: 5 years of your disqualification must have been served.
Stay calm and cooperate with testing – refusing usually makes things worse. Give your details but avoid making extensive statements beyond what’s required. Take note of the procedure: what tests were done, what you were told, any issues with the equipment and keep hold of any paperwork you are given. Contact a solicitor as soon as possible – ideally before your court date. Gather any evidence that might support your case or mitigation. Don’t discuss the case on social media.
Why Choose Olliers Solicitors?
- Specialist Expertise – Our lawyers are highly experienced in defending drink driving cases.
- Strong Track Record – We have successfully defended numerous clients, securing acquittals and reduced penalties.
- Proactive Defence Strategy – We challenge evidence, question procedures, and explore all legal options.
- Clear Advice – We will always provide straightforward advice about your case and the possible outcomes.
Contact our specialist Drink Driving Solicitors Today
If you are facing a drink driving charge, time is critical. Early legal advice can make a significant difference to your case. Our expert drink driving solicitors are here to help, offering confidential and professional legal support at every stage of your case.
Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 020 38836790 (London).
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