Road Traffic Law

Drink Driving Defence Solicitors

Drink driving is one of the most strictly enforced road traffic offences, carrying a minimum 12-month disqualification and the possibility of custody. ASA Solicitors provides specialist advice from the roadside procedure through to court.

The offence

Section 5 of the Road Traffic Act 1988 makes it an offence to drive or attempt to drive with alcohol above the prescribed limit. The limits are 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. Section 4 covers driving while unfit through drink or drugs. ‘Being in charge’ while over the limit is also an offence.

The procedure and defences

Penalties

Driving or attempting to drive over the limit carries a minimum disqualification of 12 months, extended to three years if you have a similar conviction in the previous ten years. The court can impose up to six months’ imprisonment and an unlimited fine, particularly where aggravating factors apply. For ‘being in charge’, disqualification is discretionary unless the court finds a special reason not to disqualify.

Frequently asked questions

35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine.
A minimum 12-month disqualification applies to driving over the limit. The court can avoid disqualification only where it finds a ‘special reason’ — for example, driving a very short distance in a genuine emergency, or a drink being spiked without your knowledge.
A special reason is a factual circumstance that, while not a defence to the charge, allows the court not to disqualify. Examples include a very short distance driven in an emergency, or a drink spiked without your knowledge. It must be raised and argued in court.
Yes. Procedural compliance with the testing equipment, specimen handling and analysis can all be challenged. The ‘hip flask’ and ‘rising curve’ arguments are also available in the right circumstances.

Second opinion

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