If you are facing a drink driving ban the implication of this offence may be very serious, as a ban may lead to the loss of your job, effect your personal relationships, the loss of your car, plus a criminal record.

At MTA our road traffic specialist will first check whether any of the defences apply to your case, check that the police have followed the correct procedures, and if a guilty plea is the only option we shall do all that we can to ensure you receive the most lenient sentence possible.

Possible defences include:

Spiked or laced drinks

You will need to show that:

• The drink was “laced”
• That you did not know or suspect that the drink was “laced”
• If your drink had not been spiked, you would have been below the limit. Medical evidence may be required to prove this point.

However it should be noted that where the blood-alcohol level is high, the court may consider that the defendant must have known or should have realised that they were not in a fit state to drive.

Technical Defences

If the police have made a procedural error this may raise enough doubt for the court to return a not guilty verdict.

For example if your reading is between 40 and 50 a driver may choose to replace a breath specimen by supplying a blood or urine sample (section 8(2) of the Road Traffic Act 1988).

If the officer has failed to inform you of the option to have a blood or urine test you will be acquitted of the relevant allegation.

Drink Driving while under duress

If you are able to show that you were in genuine fear of suffering harm or serious physical injury and only drove the vehicle in order to avoid the threat, there is a potential defence.

The court will look at whether there was good cause to fear death or serious injury and whether a sober person of reasonable firmness would have acted in the same way.

Reasonable Excuse:

If you have been charged with failing to provide a specimen you can only be convicted if you did not have a reasonable excuse for failing to do so.

A reasonable excuse could be for example:

In Harding [1970] a reasonable excuse was said to exist where the defendant lost confidence in the doctor’s ability after the doctor had made three unsuccessful attempts to take blood.

In DPP v Pearman [1992] the court held there was a reasonable excuse where the defendant was suffering from stress and was in a distraught state, sobbing continuously and becoming unable to breathe properly. In such cases supporting medical evidence is required.

No Likelihood of Driving

It is a defence for a person charged with driving or being in charge with excess alcohol to prove that there was no likelihood of driving the vehicle whilst the over the limit. For example arranging for someone else to drive, or taking a room at a local hotel.

The key to putting forward a defence to drink driving is careful case preparation. MTA Solicitors are specialist in defending cases of drink driving and our team will quickly identify the positive aspects, and fearlessly defend your case.

Penalties for Drink Driving

• A 12 month mandatory disqualification for first offence, or 3 years for second offence within 10 years
• A fine of up to £5,000.00; and/or
• 6 months imprisonment/community service.

The duration of the disqualification will also be dependant on the amount of alcohol consumed.The table below shows you the length of disqualification the courts will consider in comparison to the level of alcohol found in your sample:

Magistrates Court Sentencing Guidelines

If the only option is to plead guilty, we will focus all our attention on mitigation and endeavour to obtain the lowest sentence possible. We shall put forward a plea of mitigation setting out the valid and convincing reasons as to why the court ought to view your case with some empathy, and take those reasons into account before sentencing you. We shall inform the court of all your personal circumstances, so that the Magistrates fully understand what effect a disqualification would have upon you.

We shall obtain character references for you and put these before the court in advance of the hearing, laying the foundation for a positive result.

We shall keep you informed of every hearing date and arrange only the best representation for you. Though our experience we have carefully selected experts and barristers who have demonstrated they are the best in the field to defend such cases. As a result, MTA’s road traffic specialist team have achieved a high rate of success.

If you or any member of your family is facing a drink driving ban, contact MTA Solicitors today for free advice about your case.