Drink driving is a serious offence with equally severe penalties that can have a lasting impact on your life. You could encounter a hefty fine, a lengthy drink driving ban, and, in some cases, prison time. However, with skilled legal support, you can challenge the charge, avoid conviction, or reduce the consequences you face.
Read on to explore your options, or if you need prompt assistance, contact the experts at Parnell and Peel today. Call 033 0341 1690 or submit a free online enquiry to discuss your case in complete confidentiality. We have an impressive track record of helping clients and are committed to achieving the same results.
How to Avoid or Minimise a Drink Driving Conviction or Disqualification
Whether this is your first offence or you’re simply looking for clarity on the legal process, explore this article for insights on the consequences of drink driving and how to reduce them.
Drink Driving Penalties
If you’re facing a charge of drink driving, a conviction could result in the following consequences:
- A criminal record.
- An unlimited fine (the courts can impose unlimited fines up to a maximum of £5000).
- Mandatory minimum 12-month driving ban (three years if you have been convicted twice in 10 years).
- An endorsement on your licence for 11 years.
- Up to six months in prison (this is unlikely for first-time offenders but may apply in severe cases).
The impact of these penalties can be far-reaching. They can lead to financial hardship, strained relationships, and even job loss, especially if your role involves operating a vehicle.
Is Drink Driving an Instant Ban?
Yes, a drink driving conviction results in a mandatory driving ban of at least 12 months. The length of the ban depends upon the level of alcohol detected in your system at the time of the offence – higher alcohol readings result in longer bans. If convicted twice in 10 years, the courts may extend the ban to a minimum of three years.
However, the ban is imposed at a court hearing, not from the day of arrest or charge. Until you are convicted, you can continue driving.
Can You Get Off a Drink Driving Charge?
Drink driving is a criminal offence detailed in Section 5 of the Road Traffic Act 1988. The Act states that it’s illegal to drive or attempt to drive a vehicle while over the legal alcohol limit. These limits are:
- Breath: 35 micrograms of alcohol per 100 millilitres of breath
- Blood: 80 milligrams of alcohol per 100 millilitres of blood
- Urine: 107 milligrams of alcohol per 100 millilitres of urine
These limits are clearly defined, so if the police find you driving with excessive alcohol in your system, your defence options are limited – although not impossible. Below, we explore potential ways to challenge a drink driving charge or reduce the penalties.
1. Defend the Charge
The most effective way to avoid a drink driving conviction is to demonstrate that you are not guilty. After all, you have a legal right to challenge the evidence and charges. If you build a strong case and prove you are not guilty, you can walk away without a single penalty.
Before contesting a drink driving charge and taking your case to trial, seek advice from an experienced motor offence solicitor. A specialist will thoroughly review your case, scrutinise the evidence, strategise the best approach, and present compelling arguments in your defence. Even if you were over the legal limit during the initial police stop, a skilled solicitor who understands the complexities of drink driving law may still be able to challenge the case against you. For example, they may use technical defences, such as:
- Questioning the reliability of breathalysers and other testing equipment.
- Reviewing if the police conducted themselves correctly.
- Checking for procedural errors that could invalidate the evidence.
Are you interested in learning more about this approach? Visit our dedicated Drink Driving page to explore technical defences in detail.
2. Plead Guilty But Present Special Reasons
If you decide to plead guilty at the court hearing, you will receive a conviction against your record. However, you may still be able to reduce or even avoid a driving ban by presenting ‘special reasons’. These are extenuating circumstances that explain why you found yourself in that situation. These reasons could include:
- You were driving away from danger
- You had a medical emergency
- Your drink was spiked without your knowledge
While this isn’t a defence, and you will still plead guilty to driving over the limit, it could mitigate or prevent the driving disqualification many drivers fear. Again, it’s best to consult a skilled motor offence lawyer to present your ‘special reasons’. The court is notoriously strict and must be satisfied that you had no reasonable alternative but to drive.
3. Take A Rehabilitation Course
If you are convicted of drink driving and receive the dreaded driving disqualification, there is still hope. Sometimes, the courts offer a drink driving rehabilitation course to reduce your ban by up to a quarter. However, there are a few things to keep in mind:
- The course can cost up to £250, and you must pay for it yourself.
- You must complete the course within a set timeframe.
- You must decide whether to take the course in court – and you can’t change your mind later.
A rehabilitation course won’t remove your conviction but could get you back on the road sooner.
Secure the Legal Expertise of Parnell and Peel Solicitors
Worried about a conviction or drink driving ban? We understand how overwhelming this situation can be and are here to help. At Parnell and Peel Solicitors, we have a proven history of assisting clients to retain their licences – even when they thought all hope was lost. Review our testimonials and case studies to learn more about the excellent results we’ve achieved.
Speak with our legal team today and start working towards the best possible outcome for your case. Simply call 033 03411690 or make a free online enquiry. All communications are completely confidential, and you’re not obligated to continue with our services.
