Drink and drug driving offences

Being over the legal alcohol limit whilst driving or attempting to drive are serious offences, with penalties ranging from a mandatory driving ban to imprisonment. We will assess every element of your case, including breathalyser accuracy and whether procedures were properly followed. We will explore potential defences including post driving consumption (“hip flask”), duress (a compelling reason to drive) and whether there is sufficient evidence for a conviction.

Driving and/or being unfit to drive through drugs or being over the prescribed limit in relation to the levels of a specified drug can lead to severe penalties. In respect of illegal substances, you can commit the offence even if your driving is unaffected by the drugs. The threshold limits are very low, meaning that driving after taking very small amounts are likely to breach the law. Our team will investigate the testing methods used and check for any police procedural errors. We will also consider whether any special reasons apply to avoid a disqualification, such as whether the drug was consumed involuntarily, building a legal argument or defence tailored to the facts of your case.

It’s an offence to refuse to give a breath, blood or urine sample without a reasonable excuse. We help you understand your rights and challenge unlawful demands or procedural breaches. The offence is only committed if the suspect fails or refuses to provide “without reasonable excuse”. Reasonable excuse might amount to a medical reason such as anxiety or asthma which might preclude someone providing a breath sample. The procedural requirements on the police are strict. We will consider whether the police followed the procedures correctly and whether the testing equipment was properly calibrated and operating correctly.

You can be prosecuted for being in charge of a vehicle whilst over the prescribed limit for alcohol or drugs or being regarded as unfit due to drink or drugs even if you're not over the legal limit. Being “unfit” relies on evidence of impairment, such as your behaviour, appearance, or manner of driving. Being “in charge” of a vehicle means having control of it, even if not actually driving (for example sat in the driver’s seat) and usually arises either before or after driving. We will explore whether the prosecution meets the legal test of proving that you were in charge of, or in control of, the vehicle and where possible construct a robust defence to protect your licence.