Drink Driving Offences Solicitors Manchester & Stockport

Our Drink Driving Solicitors have specialist experience defending all types of drink driving offences.

If you are facing allegations of drink driving then contact us as soon as possible to discuss your options and to speak to one of our motoring law specialists. We can offer you legal advice, support and guidance.

In the event that you are facing allegations of drink driving, engaging the services of Clifford Johnston and Co. offers you the best chance of securing a positive outcome. Our credentials speak for themselves, having seen us shortlisted as finalists for Crime Team of the Year at the Manchester Legal Awards.

We have a decades-long, proven track record in defending clients before the court in relation to motoring offences, including driving while under the influence of alcohol.

What is Drink Driving?

Drink driving is defined as ‘Driving or attempting to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in a person’s breath exceeds the prescribed limit”.

It is one of the most common driving offences, with almost half a million total convictions since 2010. With an average of over 40,000 drivers being convicted of drink driving every year, this number has only decreased following the Covid crisis in 2020.

Many circumstances may lead to a false conviction, or one that is more severe than necessary. If you have been accused of drink driving, and would like expert legal advice and representation to fight this claim, contact our Drink Driving Solicitors today.

What is the alcohol limit for driving?

The legal drink driving alcohol limit in England, Wales, and Northern Ireland is 35 milligrams per 100 millilitres of breath, 80 milligrams of alcohol in 100ml of blood and/or 107 milligrams of alcohol in 100ml of urine.This is more or less in line with other countries, although many European governments have enacted stricter laws regarding alcohol limits.

What defences are possible for drink driving allegations?

An accusation of drink driving can be daunting, especially because of the severe penalties and stigma that are associated with these offences. If you have been accused of driving whilst under the influence of alcohol, there are a number of arguments that expert Drink Driving Solicitors may assist you with and which may lead to an acquittal, or to less harsh sentences being imposed.

Common drink driving defence arguments include:

• That you were not driving.
• That you had consumed alcohol after you had stopped driving, otherwise known as the ‘Hip Flask Defence’.
• That you were not over the legal limit and that the police failed to follow correct procedures.
• Unreliability of samples.

Being accused of driving whilst under the influence does not automatically mean harsh sentences or driving bans. With the support of Drink Driving Solicitors with years of experience in the field, you can reach an outcome you are satisfied with. We have successfully defended countless drink driving charges, and obtained lenient sentences for our clients.  Contact Clifford Johnston & Co today.

What are Special Reasons Arguments for drink driving?

The Road Traffic Offenders Act 1988 states that ‘where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified’.

Special Reasons allows a Court, in appropriate circumstances, to impose no disqualification from  driving or to shorten its length.  A successful Special Reasons argument can result in drivers not being disqualified from driving and/or having no points imposed on their licence for offences such as driving without insurance, speeding and a range of other offences.

Examples of Special Reasons involving drink driving includes:

• Your drinks being laced without your knowledge and not realising that you were over the legal limit to drive
• You had to drive because it was an emergency and you had no other choice.
• You drove for a very short distance and in circumstances where you were unlikely to be brought into contact with other road users.

It should be noted that these defences are rarely used, and only apply to very specific circumstances. If you believe that any of above Special Reasons applies to you, contact our specialist Drink Driving Solicitors today for an assessment of your case.

What are the penalties for drink driving?

There are many factors that a court will take into account when deciding on the appropriate sentence, the most important being the drink drive reading.  The higher it is, the harsher the sentence. The court will also take into account any aggravating and mitigating factors for each case.

The minimum disqualification for drink driving is a 12 months driving ban.  It can also attract up to 6 months in prison and/or an unlimited fine.   A Court must disqualify for at least 3 years if an offender has been convicted of a relevant offence in the preceding 10 years.

Because of the severity of the penalties, it is vital to seek expert legal advice to avoid fines, drink driving bans, or even imprisonment.

For more detailed information about the penalty you can expect to receive, speak to one of Drink Driving Lawyers.

What are some aggravating factors in a drink driving case?

The sentencing for drink driving offences is primarily based on the alcohol level and how far a person is above the legal limit. While some defences and Special Reasons may apply to specific cases, there are also some factors which may aggravate the sentences faced by a convicted driver.

These include:

• Recent, relevant, or any previous convictions
• The driver in charge of the vehicle was carrying passenger
• The standard of driving was unacceptable
• The driver caused or was involved in an accident while over the limit
• The offence took place in an area with high levels of traffic or pedestrians

Do I have to provide a specimen for a roadside alcohol test?

Drink driving is a unique type of offence when it comes to evidence collection, as it is rare for the accused to be required to provide self-incriminating evidence. If you are stopped by the police on the road and asked to take a breathalyser test, it is likely you will be legally obligated to provide a sample. The Road Traffic Act 1988 outlines this obligation, stating that failing to provide a specimen when requested is a criminal offence. However, the police can only request a roadside breath test if:

• they have reason to believe that the driver has been drinking, or
• the driver has committed a traffic offence, or
• the vehicle has been involved in a traffic accident

When requesting a sample, the officer must also:

• Be in uniform to administer the breath test
• Inform the driver of the request and the consequences of failing to provide a specimen
• Complete a specific proforma form

In some cases, you may be required to provide a blood or urine test at the police station, administered by a police doctor or nurse. These tests are also subject to strict requirements, and procedural errors are common.

Impact of a drink driving conviction

In addition to a criminal conviction and the subsequent penalties including driving bans, significant fines and custodial sentences, the additional consequences of being found guilty of drink driving are severe.

You could potentially lose your job and your livelihood, your insurance premiums may increase and your ability to travel freely may be restricted.

Funding your Drink Driving Defence

Do not let financial concerns deter you from seeking the legal assistance you need. Here at Clifford Johnston & Co., we extend our expertise to all clients, regardless of their choice between publicly funded or privately funded legal defence. We strongly believe in equal access to justice.

Concerned about the cost? You may be eligible for legal aid, and our dedicated team is here to help. We will assess your eligibility and guide you through the legal aid application process, ensuring you have the support you require for your defence.  Alternatively, you have the option of paying privately.

Why Choose us?

Providing leading defence and mitigation services to motorists across Stockport and Manchester, our criminal law solicitors regularly help clients avoid disqualification and a conviction. We will provide clear, honest advice and we will work diligently to defend you.

Our Solicitors in Stockport will look at the individual circumstances surrounding your arrest including whether the police conducted their procedures correctly. We will meticulously consider and analyse the evidence against you.

Clifford Johnston and Co has a team of Drink Driving Solicitors with specialist experience defending drink driving offences. Our expertise in criminal law is supported by our outstanding results and accreditations, including the Law Society accreditation for criminal litigation, and multiple nominations for Crime Team Of The Year.

For affordable and cost-effective legal advice in Stockport and Manchester, contact the Driving Offence Solicitors at Clifford Johnston & Co.