Drink Driving (DR10)
Defending drink-driving and excess alcohol allegations.
A drink driving conviction carries a mandatory minimum twelve-month driving disqualification, a fine, and a criminal record. For many people — particularly those who drive for work — losing their licence for twelve months or more can be life-altering. BW Solicitors provides expert private defence for drink driving charges across Ilford and London, examining every aspect of the prosecution's case to identify any available defence or mitigation.
Important Notice
The Drink Driving Offences
The principal drink driving offences are contained in the Road Traffic Act 1988. The most common charge is driving or attempting to drive with excess alcohol — the DR10 offence — which arises where the level of alcohol in a person's breath, blood or urine exceeds the prescribed limit. The prescribed limits are 35 micrograms of alcohol per 100ml of breath, 80 milligrams per 100ml of blood, and 107 milligrams per 100ml of urine. Related offences include being in charge of a vehicle while over the limit, failing to provide a specimen, and driving whilst unfit through drink.
- DR10 — Driving or attempting to drive with excess alcohol
- DR20 — Driving or attempting to drive whilst unfit through drink
- DR40 — In charge of a vehicle while alcohol level above limit
- DR70 — Failing to provide a specimen for analysis
- DR80 — Driving or attempting to drive when unfit through drugs
- DG10 — Driving or attempting to drive with drug level above specified limit
Challenging the Evidence — Possible Defences
A drink driving prosecution is not necessarily straightforward. There are a number of potential defences and challenges that our solicitors will carefully consider in every case. These include challenges to the reliability of the breath testing procedure and equipment, the conduct of the police in administering the test, the accuracy of the blood or urine analysis, and whether the statutory provisions governing the taking of specimens were correctly followed.
- Challenging the reliability of the Intoximeter or other breath testing device
- Challenging the procedure followed in administering the breath test
- The hip flask defence — post-driving consumption of alcohol
- Challenges to blood or urine specimen taking procedures
- Duress — driving under an immediate threat to life
- Automatism and other medical defences in appropriate cases
Special Reasons — Avoiding the Mandatory Ban
Even where the offence is not in dispute, it may be possible to avoid the mandatory disqualification by arguing special reasons. Special reasons are mitigating circumstances relating to the commission of the offence — not to the defendant's personal circumstances — that make it unjust to impose the mandatory minimum ban. Common examples include a genuine emergency, the fact that the vehicle was moved only a very short distance, or the spiking of the defendant's drink without their knowledge. Our solicitors have experience in presenting special reasons arguments.
- Genuine emergency requiring the defendant to drive
- Very short distance driven
- Spiked drinks — alcohol consumed without the defendant's knowledge
- Reasonable belief that the alcohol level would be below the limit
Why Choose BW Solicitors?
Our motoring solicitors examine every drink driving case meticulously, from the initial roadside stop through to the taking and analysis of the specimen. We leave no stone unturned in identifying any available defence or grounds for arguing special reasons. We represent clients across Ilford, East London and London.