Drink Drive Offence Solicitorsin Bradford

Understanding Drink and Drug Driving Offences

Drink and drug driving offences are taken extremely seriously by the courts and can result in severe penalties, including disqualification from driving, substantial fines, and even imprisonment in serious cases.

The law sets specific limits for alcohol and controlled drugs in a driver's system. Exceeding these limits is a criminal offence under the Road Traffic Act 1988, regardless of whether your driving was actually impaired.

It's important to understand that even if you feel capable of driving, being over the legal limit automatically constitutes an offence. The police have powers to stop vehicles and conduct roadside tests if they suspect a driver may be under the influence.

Criminal Offences Related to Drink and Drug Driving

Driving or Attempting to Drive While Unfit Through Drink or Drugs — Section 4 of the Road Traffic Act 1988

This offence involves driving or attempting to drive a vehicle on a road or public place while unfit to do so because of drink or drugs. The prosecution must prove that your ability to drive properly was impaired.

Legal Consequences

If convicted, you face:

• Mandatory disqualification for at least 12 months
• Unlimited fine
• Up to 6 months' imprisonment
• 3-11 penalty points
• Criminal record

Driving or Attempting to Drive with Excess Alcohol — Section 5 of the Road Traffic Act 1988

This involves driving or attempting to drive with alcohol levels above the prescribed limit:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams of alcohol per 100 millilitres of blood
• 107 milligrams of alcohol per 100 millilitres of urine

Legal Consequences

If convicted, you face:

• Mandatory disqualification for at least 12 months (3 years for a second offence within 10 years)
• Unlimited fine
• Up to 6 months' imprisonment
• Criminal record

Drug Driving (Driving with Specified Controlled Drug Above Specified Limit) — Section 5A of the Road Traffic Act 1988

This involves driving with certain controlled drugs above specified limits. The law covers illegal drugs and some prescription medications.

Legal Consequences

If convicted, you face:

• Mandatory disqualification for at least 12 months
• Unlimited fine
• Up to 6 months' imprisonment
• Criminal record

Possible Defences for Drink and Drug Driving Charges

Several legal defences may be available depending on the circumstances of your case:

• Procedural errors by police
• The "hip flask" defence (consumption after driving)
• Medical conditions affecting test results
• Challenging the reliability of testing equipment
• Special reasons arguments
• Necessity

Our network of experienced solicitors can help evaluate your situation and build a strong defence strategy.

The Impact of a Conviction on Professionals

For professionals, a drink or drug driving conviction can have far-reaching consequences beyond the immediate legal penalties:

• Professional regulatory issues
• Career implications
• Insurance premium increases
• Travel restrictions to certain countries
• Reputational damage

That is why it's important that if you are a professional and have been charged with a motoring offence, to get in touhc with one of our solicitors so they can help you limit the damage that you may face.

Legal Representation for Professionals Facing Criminal Charges

Professionals facing drink or drug driving charges need specialized legal representation to protect their careers and reputations. Our team has extensive experience in handling such sensitive cases.

Expertise in Professional Misconduct Cases

We understand the unique challenges professionals face when dealing with motoring offences and their potential impact on professional licenses and career prospects.

Legal Fees and Costs

Our Drink and Drug Driving Solicitor Network has transparent fee structures and various funding options to ensure you can access the legal representation you need. Our network of experienced solicitors will discuss all costs upfront and help you understand your options.

Need Legal Assistance for a Drink or Drug Driving Charge in and around Bradford?

If you're facing charges related to drink or drug driving in Bradford, our experienced Solicitor network is here to help. Fill out the form today for a confidential discovery call to discuss your case and understand your legal options.

Frequently Asked Questions About Drink and Drug Driving Offences

What is the legal alcohol limit for driving in the UK?

The legal limits in England, Wales and Northern Ireland are:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams of alcohol per 100 millilitres of blood
• 107 milligrams of alcohol per 100 millilitres of urine

Note that Scotland has lower limits: 22 micrograms of alcohol per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, and 67 milligrams per 100 millilitres of urine.

What drugs are tested for in drug driving cases?

Police can test for cannabis and cocaine at the roadside, and screen for a wider range of drugs including ecstasy, LSD, ketamine, heroin, and methamphetamine at the police station. The law also covers certain prescription medications such as diazepam, clonazepam, lorazepam, and morphine when taken above prescribed levels.

How do police test for drink or drug driving?

For alcohol, police use roadside breathalysers followed by evidential breath testing at the police station. For drugs, they use roadside drug wipes followed by blood tests at the police station. Police can also assess impairment through Field Impairment Tests (walking in a straight line, touching your nose, etc.).

Do I have to take a breath or drug test when asked by police?

Refusing to provide a specimen without a reasonable excuse is a separate offence that typically carries penalties similar to being convicted of drink driving, and sometimes more severe. A "reasonable excuse" is narrowly defined and medical reasons must typically be supported by medical evidence.

Consequences and Penalties

What penalties can I face for a drink driving conviction?

The penalties depend on the level of alcohol and circumstances but typically include:

• Mandatory driving ban (minimum 12 months, 3 years for a second offence within 10 years)
• Unlimited fine
• Possible prison sentence (up to 6 months)
• Criminal record
• Extended driving tests before license return
• Significantly increased insurance premiums

Will I definitely be disqualified if convicted of drink or drug driving?

Yes, disqualification is mandatory for most drink and drug driving offences, with a minimum period of 12 months. The only exception is where "special reasons" can be established (which are rare and narrowly defined).

What are "High Risk Offender" rules?

If you're convicted of a high-level drink driving offence (over 87.5μg breath, 200mg blood, 267.5mg urine), a second offence within 10 years, or refuse to provide a specimen, you'll be classified as a High Risk Offender. This means you'll need to pass a medical examination before getting your licence back after disqualification.

Can I reduce my driving ban with a rehabilitation course?

Yes, if offered by the court, completion of a Drink Drive Rehabilitation Scheme (DDRS) course can reduce your disqualification period by up to 25%. The course typically costs between £150-£250.

Legal Process and Defence

I've been charged with drink driving. What happens next?

You'll receive a court date, typically within a few weeks. First appearances for drink driving offences are usually at the Magistrates' Court. You should seek legal advice immediately to understand your options and prepare your case.

I only drove a very short distance while over the limit. Does this matter?

The offence of drink driving doesn't depend on the distance driven. However, this might be relevant to sentencing. In very limited circumstances, it might contribute to a "special reasons" argument.

What is the "hip flask" defence?

This is where you consumed alcohol after driving but before taking the breath/blood test. To succeed, you need expert evidence showing that had you not consumed this alcohol, you would have been under the limit when driving.

Can I argue "laced drinks" as a defence?

If you unknowingly consumed alcohol (e.g., someone spiked your drinks), this might constitute a defence of "involuntary intoxication." However, this is difficult to prove and requires substantial evidence.

I was sitting in my car with the keys but not driving. Can I still be charged?

Yes, you can be charged with "being in charge of a vehicle while over the prescribed limit," which carries a lower but still significant penalty. Whether you're "in charge" depends on various factors including your location in the vehicle, why you're there, and your intention to drive.

I'm on prescription medication that showed up in a drug test. Is this a defence?

It can be a defence if you took the medication in accordance with medical advice and your driving wasn't impaired. You should disclose medication to police when tested and seek legal advice immediately if charged.

Professional Implications

Will a drink or drug driving conviction affect my job?

It depends on your profession, but many jobs requiring driving will be directly affected. Professions requiring disclosure of criminal convictions (medicine, law, teaching, etc.) may require you to report the conviction to regulatory bodies, which could lead to professional consequences.

Do I have to tell my employer about a drink driving conviction?

Check your employment contract — many require disclosure of criminal convictions. If you drive for work, your employer will need to know about any disqualification. Professional regulatory bodies often require disclosure regardless of employer requirements.

Will a conviction affect my ability to travel abroad?

Some countries, notably the USA and Canada, may restrict entry for individuals with drink or drug driving convictions. The USA can deny ESTA visa waiver applications, requiring a formal visa application, while Canada may require you to apply for rehabilitative status.

Getting Help

When should I contact a solicitor if arrested for drink or drug driving?

As soon as possible — ideally before your police interview. Early legal advice can be crucial for protecting your rights and building an effective defence strategy.

How can your solicitor network help with my case?

Our network of specialist solicitors can provide:

• Free initial consultation to assess your case
• Expert analysis of procedural compliance by police
• Identification of possible defences and mitigating factors
• Representation at court proceedings
• Advice on minimizing professional and personal impacts
• Support with special reasons arguments and exceptional hardship claims

How much does legal representation for drink or drug driving cases cost?

Costs vary depending on case complexity, whether you plead guilty or not guilty, and how many court appearances are required. Our solicitor network offers transparent fee structures and will provide clear cost information during your initial consultation.

Do I need a solicitor if I'm planning to plead guilty?

Even if pleading guilty, a solicitor can make significant differences to your outcome by:

• Presenting effective mitigation to reduce penalties
• Identifying technical defences you might have missed
• Making special reasons arguments that could avoid disqualification
• Advising on rehabilitation courses to reduce ban length
• Supporting exceptional hardship applications

How do I arrange a free discovery call with your solicitor network?

Simply fill out the contact form on this page, and one of our specialist drink and drug driving solicitors will contact you to arrange your free, confidential discovery call.