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Alcohol Related Offences
Drink Driving
Drink Driving is a serious criminal offence. It is committed when you drive or attempt to drive when the amount of alcohol in your breath, blood or urine is over the legal limit. These limits are 35 micrograms of alcohol in 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood or 107 micrograms in 100 millilitres of urine. If you were to be convicted the penalties can be severe, including the possibility of being sent to jail or having to do unpaid work, and being fined up to £5,000. The Court must also disqualify you from driving for a minimum of 12 months, and the higher the concentration of alcohol in your body, the longer the disqualification could be. If you have a similar conviction within the last ten years, then the Court must impose a disqualification of at least three years. |
There are a number of potential defences to a charge of Drink Driving. These may be factual issues as simple as the fact that you were not driving at the material time, to more complex issues surrounding the procedures used whilst you were being investigated and processed at the police station.
Our specialist lawyers can provide you with an accurate assessment of your case at the outset, and discuss with you whether there may be any defences available to you.
Our specialist lawyers can provide you with an accurate assessment of your case at the outset, and discuss with you whether there may be any defences available to you.
Drunk in Charge
Being Drunk in Charge is an offence which is committed if you are in control of a vehicle whilst over the legal limit to drive. The prosecution do not need to show that you actually drove a vehicle, or even that you attempted to drive a vehicle, but that you were simply in control of it.
If you were convicted of this offence the court can impose a fine of up to £2,500 and, in serious cases, a custodial sentence of up to three months. The court must also endorse your licence with ten penalty points or disqualify you from driving.
It is important that you obtain legal advice about your case from our expert lawyers as the issues in cases such as these may not be straightforward. We can guide you through all the complications and assess whether you may have a defence to the charge.
Being Drunk in Charge is an offence which is committed if you are in control of a vehicle whilst over the legal limit to drive. The prosecution do not need to show that you actually drove a vehicle, or even that you attempted to drive a vehicle, but that you were simply in control of it.
If you were convicted of this offence the court can impose a fine of up to £2,500 and, in serious cases, a custodial sentence of up to three months. The court must also endorse your licence with ten penalty points or disqualify you from driving.
It is important that you obtain legal advice about your case from our expert lawyers as the issues in cases such as these may not be straightforward. We can guide you through all the complications and assess whether you may have a defence to the charge.
Failing to Provide a Specimen
This offence is committed if, without a reasonable excuse, you fail to provide a specimen of breath, blood or urine when requested by a police officer. The prosecution do not need to prove that you were driving a vehicle.
The penalties if you were to be convicted of this offence include being sent to jail for up to six months and being fined up to £5,000. In addition the court must disqualify you for at least twelve months. In practice, the courts will often impose a longer disqualification as there is no evidence as to how intoxicated you may have been.
There may be many "reasonable excuses" for a failure to provide a specimen, but normally this would require some medical evidence as to why you were not able to provide a sample. That medical evidence would usually have to be placed before the court.
At Stock Moran Swalwell, we have a lot of experience of representing people where it was possible to obtain the required expert medical evidence to establish that a medical condition was the cause of a failure to provide a specimen.
This offence is committed if, without a reasonable excuse, you fail to provide a specimen of breath, blood or urine when requested by a police officer. The prosecution do not need to prove that you were driving a vehicle.
The penalties if you were to be convicted of this offence include being sent to jail for up to six months and being fined up to £5,000. In addition the court must disqualify you for at least twelve months. In practice, the courts will often impose a longer disqualification as there is no evidence as to how intoxicated you may have been.
There may be many "reasonable excuses" for a failure to provide a specimen, but normally this would require some medical evidence as to why you were not able to provide a sample. That medical evidence would usually have to be placed before the court.
At Stock Moran Swalwell, we have a lot of experience of representing people where it was possible to obtain the required expert medical evidence to establish that a medical condition was the cause of a failure to provide a specimen.
Do you want an appointment to discuss these issues?
Call us on 01942 771771 or email us at enquiries@sms-solicitors.co.uk
Call us on 01942 771771 or email us at enquiries@sms-solicitors.co.uk