Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Drink Driving Defence Solicitors
- 35 micrograms per 100 milliliters of breath
- 80 milligrams per 100 milliliters of blood
- 107 milligrams per 100 milliliters of urine
It is impossible to say how many drinks this equates to.
There are a number of factors which could influence the effect of alcohol such as:
- your weight,
- your age,
- your sex,
- your metabolism,
- the type and amount of alcohol consumed,
- What you have eaten.
There are a number of defences which could be raised; for example:
- Demonstrating that you were not the driver;
- Denying you were driving on a road or in a public place;
- Arguing that you consumed the alcohol after you had stopped driving;
- Questioning the credibility of the police evidence.
If your defence does not succeed or you plead guilty to the offence of drink driving you may be able to argue ‘special reasons’ for the Court not to disqualify you.
Possible examples of ‘special reasons’ are, although courts are extremely reluctant to accept them:
- Your drinks were laced without your knowledge and you did not realise that you were over the legal limit;
- You were driving in an emergency and had no other choice;
- You only drove a short distance and did not put any other road users at risk.
The Magistrates use prescribed sentencing guidelines as outlined below to give you an indication of the level of sentence upon conviction.
Note that the starting points are based on a first time offender who pleaded not guilty:
Kangs Solicitors has successfully assisted a businessman, who had been summonsed to Court for an offence of driving a motor vehicle whilst uninsured, retain his driving licence. Suki Randhawa of Kangs Solicitors explains the basis for this success. The Circumstances |...
The Queen’s speech, made during the State Opening of Parliament in December 2019, revealed that a Royal Commission will be established to review and improve the efficiency and effectiveness of the criminal justice process. Royal Commissions | Kangs Criminal Police...
Following the sad death of Caroline Flack, it has been widely reported that she committed suicide and police sources have confirmed that no one else is being sought in relation to her death. Since then, much publicity has followed in relation to what led Miss Flack to...
Sharan Rupra, Immigration Law specialist at Kangs Solicitors, comments upon the immediate position following BREXIT on 31st January 2020. General The terms of the future relationship between the UK and EU following the transition period which is scheduled to end on...
The Companies Act 2006 (’the Act’) imposes a legal obligation on company directors to file accounts for a company for each relevant accounting period and failure to do so constitutes a strict liability offence under s.451(1) of the Act which may result in prosecution...
|Level of alcohol||Starting point||Range||Disqualification||Disqual. 2nd offence in 10 years – see note below|
|Breath (μg)||Blood (mg)||Urine (mg)|
|36 – 59||81 – 137||108 – 183||Band C Fine||Band C Fine||12 – 16 months||36 – 40 months|
|60 – 89||138 – 206||184 – 274||Band C Fine||Band C Fine||17 – 22 months||36 – 46 months|
|90 – 119||207 – 275||275 – 366||Medium level community order||Low level community order to high level community order||23 – 28 months||36 – 52 months|
|120 – 150 and above||276 – 345 and above||367 – 459 and above||12 weeks custody||High level community order to 26 weeks custody||29 – 36 months||36 – 60 months|
How Kangs Solicitors Can Help
We are able to offer clients initial advice as well as representation in court in relation to drink driving cases.
We are here to help you whether you are:
- looking to plead not guilty and put forward a defence,
- advance a ‘special reasons’ argument to avoid a driving disqualification, or
- present the best possible mitigation to the court. This could make the difference between a custodial sentence or a community penalty. In all cases we would submit to the court that you undertake the drink driver awareness scheme which once completed reduces any period of disqualification imposed by 25%.
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH