Drink Driving Solicitors with specialist experience defending drink driving offences. For free drink driving solicitors advice call Freephone 0800 1389 123 today.
Drink Driving Solicitors with specialist experience defending drink driving offences. For free drink driving solicitors advice call Freephone 0800 1389 123 today.
Our Drink Driving Solicitors have specialist experience defending all types of drink driving offences. Geoffrey Miller Solicitors success rates are very high. We have highly skilled professional drink driving solicitors. Even if you think you are guilty of the drink driving offence. It is very likely there will be a valid and lawful defence to the drink drive charge. The drink driving solicitors here will be able help you. Do not mistakenly assume that your only option is to plead guilty and accept the driving ban. Call our team of expert drink driving law solicitors for free initial advice on Freephone 0800 1389 123. For more details of our drink drive offence successes please check out our annual motoring offence trials results.
Do you want to talk to the Drink Driving Solicitors who from 1st January 2015 until 20th December 2018…
Urine Drink Driving Cases – WON 100%!
Blood Drink Driving Cases – WON 99%!
Breath Drink Driving Cases – WON 80%!
Failing to Provide a Sample Cases – WON 89%!
Drug Driving Cases – WON 93%!
AND WON 86% of our Alcohol and Drug related cases overall!
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Is the first time you are facing a drink driving prosecution? We understand how you probably feel right now. Please get in touch with our team of expert drink driving solicitors for a free consultation. Geoffrey Miller solicitors – the UK’s most well respected expert drink driving solicitors. With particular expertise in drink driving cases involving drink driving blood test and drink driving urine test cases. We have expert knowledge of any of the three breathalysers in use across the country’s police stations. Did the police offer you printout details of the drink driving device used to breathalysed you? The Lion Intoxilyser 6000 UK or the Camic Datamaster-check.
Our drink driving solicitors will listen, advise and, in some cases, console you. But we will also give you our honest, no nonsense, straight talking advice. In addition below are some more details of the options we can offer you. Also, there’s a lot to read on this page. So if you would rather just pick up the phone and talk things through. Then please get in touch on Freephone 0800 1389 123 and speak to our drink driving solicitors today.
Discuss your options free of charge with one of the expert drink driving solicitors from the Geoffrey Miller team. Based in offices in London and Manchester, we deal with cases all over the UK. Therefore, whether you are due to appear in Southampton or Newcastle. Furthermore, we have a specialised team of motoring offence drink driving solicitors ready to deal with your case. In addition, customers can contact us day and night by real lawyers (not in a call centre). All of whom are experts in the field of motoring law with specific emphasis on drink drive cases. You may be put through directly to Managing Director, Jeanette Miller aka “Miss Justice” or a member of her highly skilled team.
Call now and speak to one of our specialist drink driving solicitors for a free consultation on Freephone 0800 1389 123.
Our specialist drink driving solicitors have taken the time to answer your most important questions. Please read everything you need to know about your drink driving case below.
Yes. The Magistrates’ Court or a Crown Court class anyone convicted of a drink driving offence as a criminal conviction.
A drink driving conviction will appear on your driving record held by DVLA for a period of 11 years from the date of the conviction. This is partly because of the laws on spent convictions. But also because of the rules about repeat offenders. If your convicted of another relevant offence (drink driving, drug driving or failing to provide a specimen), within 10 years of the previous conviction. Therefore, you face much tougher penalties starting with a minimum disqualification of 3 years.
Rules on spent convictions are in the Rehabilitation of Offenders Act 1974. When a conviction is “spent” it means that you would not have to declare it when asked the question. “Do you have any criminal convictions?”. Because, not all convictions are spent after the same period of time. So, a conviction becomes spent at the end of the longest of:
When A Drink Driving Conviction Becomes Spent
|Eleven years for disqualification for drink driving/drug driving/failing to provide a sample|
|Four years from the date of the offence when penalty points are imposed|
|Four years from the date of conviction when a driving disqualification (other than for drink/drug related offences) is imposed|
|One year after the date of conviction when a fine was imposed|
|One year after the end of a community order|
|Two years after the end of a custodial sentence of 6 months or less (including licence period)|
|Four years after the end of a custodial sentence of over six months to 30 months (including licence period)|
|Seven years after the end of a custodial sentence of over 30 months to 48 months|
|NEVER for a custodial sentence of more than 48 months|
If two or more criteria could apply to your situation. The longest period would apply e.g., drink driving disqualification (eleven years) and a fine (one year). Your conviction becomes spent after eleven years because this is the longest period.
Also, the courts treat fixed penalty notices in the same way as convictions.
The fine for drink driving was capped to a maximum of £5000 up until 2015. However, the courts abolished this cap to hit the wealthier motorists where it hurts! An offender’s net income reference calculates the fine. For drink driving, a motorist’s net weekly income of 1.5 times could pay for the drink driving fine. As a result, if you earn 1 million net income per year your fine could arguably be £28,846.15!
The police can require you to provide a roadside breath test at the roadside. Consequently, if they form the opinion that you have committed a road traffic offence. And if they form a reasonable suspicion that you are driving under the influence of alcohol. They do not have to have formed a reasonable suspicion of intoxication. Also, it is routine to require a roadside breath test if involved in a road traffic accident. Even if you appear to be stone cold sober.
If you fail, or are unable to do a roadside breath or saliva test. The police will usually arrest you and take you to a local police station or hospital if you have an injury. The police will carry out the procedures for obtaining an evidential alcohol test. Usually a breath alcohol calculation (BAC) if taken to the police station and blood or urine is usually collected if taken to hospital. Also, the police can require a blood or urine sample at a police station. This is less common and you have no right to insist on a blood or urine test in place of a breath test.
The police will require two breath tests from you, on an evidential breath testing instrument (EBTI). Consequently, it’s the lower of the two readings that’s used as the evidential reading against you in the prosecution through the courts. If there is a large discrepancy between the two readings. Usually more than 15% difference. Then the police are likely to require an alternative sample of blood or urine. This will replace the breath test which they will consider as inaccurate. Also, the police could insist on a blood or urine test if you suffer with respiratory or other illness that would make it impossible for you to provide a sample. Or, if the EBTI is malfunctioning in some way.
If you provide a breath test of 40µg or above, you will face a charge for drink driving. Whilst the legal limit is set at 35µg, the police have a discretion to let you walk free without charge if you blow 39µg. After you have blown 40µg or above you will attend court after bail. Most likely 1 week to 10 days from the charge date when you will have to attend and enter your plea.
The police do not normally interview a suspect arrested for drink driving, unless there is a concern on their part that they have insufficient evidence. For example, they did not see you drive. They may want to interview you if you have claimed to have drunk alcohol AFTER driving. Because this could form the basis of a common factual “hip-flask” defence. They will want to calculate your alcohol levels based on what you tell them you had to drink and when (a back calculation). Consequently, if the numbers do not add up, or even if they do, the police are still likely to charge you. It will be for you to persuade a court of the truthfulness of your account of alcohol consumption.
The police must follow further complex procedures for a blood or urine test if required. You will not face charge until the sample you provide has been analysed as over the limit. Usually, the analysis will take between 4 to 6 weeks. When the result of the sample analysis has been communicated to the police as being over the drink drive limit. You will have to attend the police station for charge and bailed. Hence, if the sample comes back under the limit, you will face no charge for drink driving.
Prior to your court date you can continue to drive unless a bail condition prohibits you from driving. It is extremely rare to impose such a bail condition unless there are medical concerns. Such as a suspicion of a blackout at the wheel. In conclusion, this means that you should be able to continue to drive as normal until pleading guilty or being found guilty following a trial.
We strongly recommend getting in touch with our drink driving solicitors before your first court date. So that we can explain your options. Even if you think the drink driving charge you face is “open and shut,” it is highly likely that we will be able to challenge the prosecution.
The safest answer to this is you shouldn’t drink anything before driving. However, if you want to know how much would be the legal drink drive limit? You would have to consider a number of factors such as what drink you were consuming and when you were drinking. There are also other factors to consider that relate to your metabolism and the rate of elimination of alcohol from your system. So, deciding on how much to drink before driving, based on units is dangerous. Also, it does not take into account how much you ate, which can massively affect elimination rates. Therefore, it is also risky to assume a safe amount of alcohol without also considering your height, weight, sex. An 8 stone, 5 foot female could be over the limit after drinking a small glass of wine, especially if she had not eaten anything all day.
Yes, you receive a criminal record for any conviction. Even a minor motoring conviction is a criminal record. However, most organisations that ask you to disclose details of criminal convictions such as prospective employers tend to exclude minor motoring matters that carry penalty points.
The minimum penalty for drink driving is a 12 month disqualification and a fine the equivalent to 1.5 weeks’ net earnings. You would also have to pay court costs (from £100-£520 depending on at what stage of the conviction) and a victim surcharge. The maximum penalty is a prison sentence of 6 months but our drink driving solicitors have NEVER had a client sent to prison for drink driving alone.**
Clients who contact us often don’t appreciate the fact that your alcohol levels will be dependent on many factors. The alcohol content of your drinks is only one of these. Your height, weight and waist measurements along with the times of your drinks. Also, what you had to eat are also crucial factors. If your reading was borderline with the drink drive limit, it is likely the police will offer you a second test of either blood or urine. If the police are charging you with drink driving or you are waiting for test results following a blood or urine test. We strongly recommend you take a look at our page dealing with borderline and hospital cases and get in touch with our Drink Driving Solicitors immediately. It could be life changing free advice from our team of expert drink driving solicitors.
The penalties for drink driving offences can be far reaching. Please take a look at our drink driving penalty calculator for more specific details of the penalty you could be facing for a drink driving conviction. The level of your breath, blood or urine reading will determine your penalty, along with other factors and in particular whether you have a previous conviction for an excess alcohol offence within the last 10 years.
Whilst many people understand that the minimum penalty for drink driving is a 12 month ban (or 3 years ban for a repeat drink driving offender).
If you have already decided that you wish to plead guilty then our Drink Driving Solicitors offer a cost effective fixed fee “damage limitation” service for pleading guilty to drink driving cases. Even though we cannot avoid the mandatory 12 months driving ban for those who plead guilty. We are likely to persuade the court to exercise leniency with the penalty they impose. We often secure driving bans of less than the guidelines suggest by presented thoroughly prepared mitigation arguments.
Pleading guilty is not your only option though so please keep reading. Or better still, get in touch on Freephone 0800 1389 123 to discuss your options free of charge with an expert drink driving solicitor at Geoffrey Miller Solicitors. Customers can contact us day and night by real lawyers who are experts in drink driving offence cases.
If you know that you wish to challenge the prosecution. It is essential that you contact our team of drink driving solicitors at the earliest opportunity. Preferably well in advance of your first court hearing. If a specific request for the preservation of evidence is not made immediately. The police could destroy much of the crucial evidence in a drink driving case fairly soon after the original arrest.
We will want to set to work straight away on preparing your defence for drink driving. This may involve contacting witnesses, viewing CCTV, requesting inspection facilities of the machine that you gave your reading on. Many of which are horrifically unreliable. Instructing drink driving toxicologist experts; forensic medical examiners… the list goes on. We won’t know exactly what work (and cost) will be in your case. Until you make contact with us so please call us now on Freephone 0800 1389 123. Our team of specialist drink driving solicitors will be glad to discuss your options free of charge.
If you defend a drink driving prosecution your allowed to continue to drive and a ban would only affect your driving licence if your convicted. Our statistics show that the chances of you avoiding a ban are extremely high. Because we win the majority of the drink driving cases we defend.
If you have spoken to other drink driving solicitors before us and advised that there is nothing anyone can do to help you with your drink drive offence? This is because the solicitor who gave the advice is not a true expert in drink driving law. With their limited knowledge of drink driving cases, they think there is nothing anybody can do.
If your GP told you that you had a brain tumour and there was nothing that could be done to help you. Would you leave it at that? Of course not! You would most likely ask for a second opinion from a brain surgeon. Geoffrey Miller Solicitors are the brain surgeons of drink driving law! In addition to Miss Justice herself, our team consists of several experienced motoring solicitors. All of whom undergo intensive ongoing training and development. So that we are able to develop new strategies and defences for all of our clients.
In fact, some of the pages of their websites have been created from Geoffrey Miller’s own literature and previous website content. Whilst we acknowledge that when a competitor copies us in this way, it is the best form of flattery, BEWARE! Those who lack originality in their marketing, and website design will undoubtedly lack the strategic flair and legal knowledge our Drink Driving Solicitors team applies to case preparation. Make sure you appoint the right drink driving solicitors. Because this could be the difference between a driving ban or a NOT GUILTY verdict.
Call us now on Freephone 0800 1389 123, to see how our drink driving solicitors can save you from the extreme hardship that a drink drive conviction can cause.
Unlimited fine, up to 6 months imprisonment and a minimum period of a year of mandatory disqualification. If you have a previous conviction for a alcohol related offence within the last 10 years, there is a minimum of 3 years disqualification.
We have a particular specialism for repeat offender scenarios and have never had any client of the firm sent to prison for a repeat drink driving offence or even a first time offence with a high reading.**
Please use our drink driving penalty calculator for a more accurate idea of the penalty you face for drink driving. Call us now on Freephone 0800 1389 123 for a free consultation with a drink driving solicitor or contact us by email.
You may be innocent of the drink driving charge you face. Or the prosecution for drink driving may be the wake up call you need to force you to seek help from professionals in the field of addiction recovery. We are supporters of the charity Addiction Today who have an extensive directory of treatment and rehab providers on their site.
We also work with a number of rehab providers abroad including the Malvern Institute.
We are not experts in foreign motoring law. But can point you in the right direction of a suitable expert abroad if you require advice on the drink drive law and other motoring law procedures in Europe.
In July 2012, the French introduced a new requirement to carry hand held breathalyser kits on board at any time when you drive in France. Check out Managing Director, Jeanette Miller, discussing this issue on BBC Breakfast.
†Figures include successful appeals and exclude cases lost that are the subject of appeal as at 20th December 2018.
**This excludes cases involving other offences such as dangerous driving and disqualified driving and multiple repeat offences when committed whilst on bail.
Most people who get in touch with our drink driving solicitors are uncertain of their options. They are unaware of any defences that may be available and find it difficult to believe that, it might be possible to defend the drink driving charge. Also, you may find the possibility of having to plead guilty inconceivable, because you simply don’t know how you will manage without your driving licence. Therefore, you may find it equally difficult to grasp how it could be possible to defend the drink driving case.
First of all, in the majority of cases we are unable to tell you if you have a case worth defending until we can look into the specifics of your case in more depth. Therefore, we offer a priority investigative option to all clients facing drink drive related offences. Which means that if you are unsure if you have a defence or if you have been told by another solicitor that you have no defence but we think otherwise. Our team of drink drive solicitors will consider the evidence in your case and take a full statement from you. In conclusion, they will then provide you with their expert opinion and the merits in defending your drink driving case or pleading guilty. As we can conduct this option for a relatively low cost fixed fee it means that you are not committed to spending significant fees.
In order to establish if there is any way of defending the offence. We think we are the best drink drive solicitors in the UK. Take a look at our case study and testimonial of Mr. Malcomson, a client who transferred to Geoffrey Miller Solicitors after becoming unhappy with his supposed expert drink driving solicitors. See what a difference our expert drink drive offence solicitors can make to the outcome of a case.
If you would prefer to call us rather than trawl through the pages on our website. We are always more than happy to chat things through with potential clients Free of Charge. It is only once you decide to instruct us that payment will become necessary and we can arrange installment plans to assist you. As a result, many satisfied clients have thanked us for offering this consultation service as it has prevented them from following inaccurate non-expert legal advice. Which could have led to them accepting a drink drive ban unnecessarily.
Take a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face. Also, we think we are simply the best in the business but if you are not satisfied in taking our word for it. Our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm. As a result, you can seek a completely independent reference about us and what we might be able to do for you.
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
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