Drink Driving Ban
Are you facing a potential driving ban as a result of drink driving? We can help.
Here at TrafficLawyer4u, we've dealt with hundreds of cases where a person has been caught in charge of a motor vehicle whilst unfit through either drink or drugs, including excess alcohol. Our success rate in greatly reducing and even completely avoiding a drink driving ban is second to none.
Rob Bimpson, one of TrafficLawyer4u's expert drink driving ban solicitors, is widely acknowledged to be an expert in defending all types of UK driving bans, including drink driving. He has been dedicated to the defence of clients since 1989, and his welth of experience will be used to personally ensure you receive the best advice and the to help you achieve the best possible outcome to your case.
Drink Driving: The Law
The current UK laws concerning drink driving fall under the 1988 Road Traffic Act. The key sections that effect the outcome of your drink driving ban court case are the following:
- Section 4 - Driving (or in charge) when under the influence of drink or drugs.
- Section 5 - Driving (or in charge/attempting to drive) with excess alcohol.
- Section 6(4) - Failing to provide a specimen of breath for screening.
- Section 7(6) - Failing to provide a specimen for analysis.
In other words, a person is guilty of the above offences if they drive, or attempt to drive a motor vehicle on a road or other public space when the level of alcohol in their blood, urine or breath exceeds the prescribed drink driving limit. The prescribed limits for each method of prosecution are as follows:
- Blood - 80 micrograms per 100 millilitres of blood.
- Urine - 107 micrograms per 100 millilitres of urine.
- Breath - 35 micrograms per 100 millilitres of breath.
It is important to note that a person can be charged for drink driving even if the car is stationary, and the engine turned off. This still qualifies as being in charge of the vehicle, which requires you to be under the drink driving limit.
Drink Driving: The Conviction
In order to be convicted of drink driving, the prosecution must prove that the defendant has exceeded the prescribed drink drive limit. Although the UK's prescribed breath alcohol limit is 35 micrograms per 100 millilitres of breath, a person will not be prosecuted under Section 5 of the Road Traffic Act unless they provide a breath sample that exceeds 40 micrograms.
To achieve a drink driving ban conviction, the court has to be satisfied that all procedures and regulations have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that they are guilty of drink driving or that there has been a significant failure by the police whilst they were carrying out their investigation.
Prosecution can also depend on the person's situation. The court is often more lient when discusing a driving ban case that involves a person who needs to travel for work, and has people who are dependant on the income of their employment.
Free Drink Driving Consultation
The initial consultation is FREE to let you know exactly how to deal with your case and ensure the best possible outcome.
Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't!!! Contact us today.
Drink Driving: The Penalty
The penalties involved with drink driving vary according to the crime you are convicted of, and the amount of alcohol that was in your system at the time. Below we have listed some of the more common drink driving related convictions and their corresponding potential penalties:
Being in charge of a vehicle while above the legal limit or unfit through drink; you could face up to 3 months' imprisonment, a fine of up to £2500, and a possible driving ban.
Driving or attempting to drive while above the legal limit or unfit through drink; you could face up to 6 months' imprisonment, an unlimited fine, and a driving ban for at least 1 year (3 years if convicted twice in the past 10 years).
Refusing to provide a specimen of breath, blood or urine for analysis; you could face up to 6 months' imprisonment, an unlimited fine, and a driving ban of at least 1 year.
Causing death by careless or dangerous driving when under the influence of drink; you could face 14 months' imprisonment, an unlimted fine, a ban from driving for at least 2 years, and an extended driving test before your licence is returned.
We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible drink driving ban!