Drink Driving Defence Solicitors - Manchester
Being charged with drink driving is a serious matter with far reaching consequences.
If you have been stopped by the police under suspicion of drink driving, you must seek legal advice from an expert drink driving solicitor as soon as possible. Our solicitors provide police station representation 24 hours a day, seven days a week, ensuring you will always have access to first-class legal help.
Draycott Browne has a wealth of experience in successfully defending drink driving cases. Our specialist motoring law solicitors have extensive knowledge when it comes to charges of this kind, allowing us to build the strongest possible defence for you.
Our services, post arrest, are free at the point of delivery, meaning we can assist anyone at the police station. If you have been arrested for or charged with drink driving and need access to expert legal advice, call Draycott Browne on +44 (0)161 228 2244 or fill in our online contact form .
What is the legal alcohol limit to drive?
When you are suspected of drink driving, you will be subject to either a breath, blood or urine test. This test measures the amount of alcohol present in your system, and will determine whether you are over any of the following legal limits.
- Breath: Maximum of 35 micrograms of alcohol in 100ml of breath
- Blood: Maximum of 80 milligrams of alcohol in 100ml of blood
- Urine: Maximum of 107 milligrams of alcohol in 100ml of urine
What are the penalties for drink driving?
The penalties for drink driving can differ greatly depending on the charges against you. Common drink driving-related offences include:
- Being in charge of a vehicle whilst over the legal limit
- Driving or attempting to drive whilst over the legal limit
- Refusing to provide a specimen
- Death through careless driving whilst over the legal limit
Charges for drink driving cases vary from a 12 month disqualification to 14 years' imprisonment. Speak to our motoring lawyers to gain expert advice on what penalty you could receive.
Additional drink driving consequences
If you have been convicted of a drink driving offence, it is likely you will suffer additional consequences such as:
- An increase in car insurance
- Difficulty travelling overseas due to a criminal record
- Your conviction being made visible to your employers
Due to the serious repercussions of drink driving cases, it is imperative you seek the help of a solicitor as soon as possible. Our solicitors will help you gain the best possible outcome for your case.
How long will drink driving CONVICTIONS stay on my licence?
If you are charged with drink driving, the court is obliged to put an endorsement on your driving license which will remain there for 11 years after the time of conviction. See below for offences which correspond to drink driving charges along with the number of penalty points which may be put on your license by the court.
- DR10 - Driving or attempting to drive with alcohol level above limit - 3 to 11
- DR20 - Driving or attempting to drive while unfit through drink - 3 to 11
- DR30 - Driving or attempting to drive then failing to supply a specimen for analysis - 3 to 11
- DR31 - Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity - 3 to 11
DRINK DRIVING CHARGES
If the police have taken a sample of your breath, urine or blood and the result is positive, they will proceed with a charge. The charge will be read aloud to you. The police will also read aloud a warning about what say from that point and how it may be given in evidence at a later date when you are in court. You will be asked to sign the charge and the police will provide you with a copy. In normal circumstances, you will be bailed to attend court on a date to be agreed.
If you are caught driving over the legal limit you are likely to face a fine and a penalty on your driving licence. You could also face a ban from driving or even a prison sentence. Each situation is different, and it is up to the magistrates court to listen to your case and determine the outcome.
The amount of alcohol you need to drink in order to be over the prescribed limit varies dependent on a number of variables. This is due to the fact that no two people are the same, and contributing factors which change the effects of alcohol on your body. The level of intoxication you experience depends of the following:
- Your age, gender, weight and metabolism.
- The type, amount and speed at which you are drinking.
- What you’ve eaten and how recently you’ve eaten.
- Stress levels you are experiencing.
If you are an adult man of average weight and height you are likely to be over the limit if you’ve consumed more than 4 units of alcohol (equivalent to 2 pints of beer). If you are an adult woman, your limit would likely be 3 units of alcohol (equivalent to 1 large glass of wine).
Drunk in charge
The law states that it is illegal to be in control of a vehicle whilst over the legal alcohol limit. In some cases the police cannot prove that you were driving a vehicle, or intended to, whilst under the influence of alcohol (for example if you’d gotten out before they arrived). However it is possible to prove that you were in control of it. The court uses this law to ensure that people do not avoid deserved convictions due to insufficient evidence.
The penalty for drunk driving depends on the specific situation but could be from 10 penalty points on your driver's license to 6 weeks in prison. When charging someone with a Drunk in Charge offence, the police take into consideration your distance from the vehicle and what you were doing at the time, as well as whether you had the ignition key, and any other evidence that you may have been about to drive the vehicle.
If you have been charged with a Drunk in Charge offence, contact Draycott Browne. Our specialist drink driving solicitors will be able to analyse the circumstances and details of the situation you found yourself in. We will ensure you are in the very best position to defend yourself.
Failing to provide a specimen
Failure to provide a sample of breath, urine or blood, without a reasonable excuse, when asked by a police officer if they suspect you of drink driving is a criminal offence. You may fail to provide a sample by refusing to do so. You may also fail to give a specimen of breath if you do not provide sufficient breath for the analysis to be successfully carried out.
If you fail to give a breath sample, or refuse to do so, you will be arrested and taken to a police station. The court will have to assess your particular reasons for failing to give a specimen to decide how to proceed. The minimum penalty imposed would be a 12 month driving disqualification and a band B fine, which equates to 75 - 125% of your weekly income. The maximum penalty is a 5+ year driving disqualification and a 26 week custodial sentence.
DEFENDING A DRINK DRIVING CHARGE
If you have been charged with a drink driving offence you will have two options- to plead guilty and argue a particular reason for the minimum 12 month disqualification to not be imposed. Or to plead not guilty, and proceed with a trial.
The area of law that covers motoring offences is quite complicated as it involves some grey areas. For this reason is it important to appoint a professional for advice and representation. The solicitors at Draycott Browne have defended many different types of motoring law offences and will support you through each step of the process of defending you.
A police officer does not have to be in uniform to request a breath test of you. However he does have to be in uniform to administer it unless following an accident. A police officer will request a breath test under the following circumstances:
- He has reasonable cause to suspect you are committing or have committed a moving traffic offence.
- He has reason to suspect that you have consumed alcohol and you are the driver or attempting to drive the vehicle.
- He has reason to believe you were the person who was driving/attempting to drive or in charge of a vehicle which has been involved in an accident.
The police officer will ask you to provide two breath samples. If the readings are different he is obliged to take the lowest one and ignore the higher. If your reading is above the legal limit, you will be charged for committing an offence.
HOW WE CAN HELP
At Draycott Browne, we understand how stressful it can be facing motoring offence charges, especially if losing your licence will mean a loss of livelihood and independence. We are here to fight your corner and have a proven track record of successfully defending a variety of motoring offences.
We can provide you with all the necessary guidance and advice and have the expertise to represent you in court. We have helped hundreds of clients avoid disqualification and many of our cases have been dropped by the prosecution without coming to trial.
By instructing Draycott Browne, you can be assured that you have a team of highly skilled legal professionals, who will provide you with the exceptional representation that you deserve.
WE ARE AVAILABLE 24/7
If you or a loved one has been arrested on motoring law charges, you should not hesitate to call us at the earliest possible opportunity. Our solicitors are on hand 24 hours a day, seven days a week, ready to assist you at the police station after your arrest. We will advise you on what to say, liaise with police and ensure that you are treated fairly.
HELP WITH LEGAL FEES
Arrests can be unexpected, and therefore you may not have the funds to pay for legal help. However, our service, at the police station, is free at the point of delivery, meaning we will provide our services to anyone in need of our help.
You may also be eligible to receive legal aid, helping you to pay any legal fees incurred. Our solicitors will guide you through the legal aid application process, ensuring you have the best possible chance of receiving the funds you need to get the highest level of legal representation.
CALL US TODAY
Our solicitors are available 24 hours a day, seven days a week to assist you in your case. We offer our services within Manchester and throughout North West England. If you or a loved one is facing drink driving charges and need first-class legal representation from the experts, call Draycott Browne now on +44 (0)161 228 2244 or complete our online contact form.