Drink driving – driving with excess alcohol

The police can stop anyone if they think they may be driving with too much alcohol in their body.

If stopped, the driver will be asked to take a breathalyser test to measure the amount of alcohol in their breath. If the test is positive, the driver will be arrested and taken to a police station for further tests – possibly involving blood and urine.

Failure to give the police a proper sample is a separate criminal offence and unless you can prove that you had a reasonable excuse not to provide a sample, you could face severe penalties.

Our specialist Drink Driving Solicitors are experts in defending clients facing criminal charges for driving whilst under the influence of alcohol.

Based in Birmingham, Sheffield, York, Derby, Swansea, and Leeds, we regularly represent clients throughout the UK. As experts in Drink Driving Offences, we provide invaluable assistance to help mitigate the potential penalties.

Drink driving

What is driving with excess alcohol?

The legal alcohol limit for drivers in England and Wales is:

35 microgrammes per 100 millilitres of breath
80 milligrammes in 100 millilitres of blood
107 milligrammes per 100 millilitres of urine

However it is not possible to say how much alcohol you can drink and stay below the limit. Your alcohol level depends upon many factors including:

Weight, age, gender and metabolism
Type and amount of alcohol consumed
Eating patterns
Stress levels

Drink driving

Failure to provide a specimen- What is a reasonable excuse?

The police are able to request a specimen should they suspect you have driven under the influence of alcohol or drugs. Failure to give the police a proper sample is a separate criminal offence and unless you can prove that you had a reasonable excuse not to provide a sample, you could face severe penalties.

There are a number of reasonable excuses as to why a breath, blood or urine sample could not be provided which may be put forward as a defence, including:

Asthma, reduced lung capacity, anxiety and panic attacks
Genuine phobia of needles
Prostate problems
The police have not followed the appropriate procedures

To successfully put forward a reasonable excuse defence you will need the assistance of a specialist road traffic defence solicitor who will seek expert medical evidence to support your case.

Drink driving

Drink driving penalties

If you are convicted of failure to provide a specimen or driving with excess alcohol the penalties are:

Disqualification from driving for a minimum of 12 months
Prison sentence of up to six months
An unlimited fine

In turn, the consequences of this often include:

Job loss
Loss of independence
Shame of having a criminal conviction
Trouble getting into countries like the USA
Massive increase in car insurance costs and some companies won’t insure you

The IAM (Institute of Advanced Motorists) calculates that a drink drive conviction could cost up to £50,000 as a result.

If you have committed any other alcohol driving offences within the last ten years, this will result in a minimum three-year disqualification from driving.

In these circumstances, it is vital that you contact a lawyer who can help you build a strong case for defence so you stand the best chance of reducing your penalty.

Drink Driving Solicitors

Drink driving – driving with excess alcohol

How can we help? Contact us today to discuss your requirements.

What is driving with excess alcohol?

Failure to provide a specimen- What is a reasonable excuse?

Drink driving penalties

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