Drink driving offences cover a range of allegations, not limited to driving over the legal alcohol limit. They can also include failing to provide a specimen, being drunk in charge of a vehicle, or involvement in a road traffic accident where alcohol is suspected. While these offences vary in nature, the courts treat them seriously due to the risks posed to public safety.
At Millars Solicitors, we regularly advise clients facing drink driving and related motoring offences, helping them understand the process, their options and the potential consequences.
Breathalysers and Evidential Testing
If you are stopped by the police due to erratic driving or as part of a roadside check, you may be asked to provide a breath sample using a handheld breathalyser. This roadside test is a preliminary screening tool only.
If the result indicates alcohol above the prescribed limit, you will usually be taken to a police station for an evidential test. This must be carried out using an approved machine under strict procedural rules. A roadside breathalyser result alone is not sufficient for a conviction.
Driving While Over the Legal Limit
If the evidential breath, blood or urine test indicates alcohol above the legal limit, you may be charged with driving while over the prescribed limit and required to attend court.
Drink driving is viewed seriously by the courts. Upon conviction, penalties commonly include a driving disqualification, a fine, penalty points and, in more serious cases, a custodial sentence. The precise outcome depends on factors such as alcohol level, driving behaviour and any previous convictions.
Accidents Involving Alcohol
Where a road traffic accident has occurred, the police will usually require a breath, blood or urine specimen. If alcohol is involved and the offence results in injury or death, the potential penalties increase significantly.
Cases involving accidents are often legally complex and may involve additional charges, making early legal advice particularly important.
Drunk in Charge of a Vehicle
It is not necessary to be driving to be arrested for a drink-related motoring offence. A person may be charged with being drunk in charge if they are in or near a vehicle while over the limit and the prosecution can show an intention to drive.
Each case turns on its facts, including where the vehicle was, whether keys were accessible and what evidence exists regarding intent.
Failing to Provide a Specimen
Failing to provide a breath, blood or urine specimen without reasonable excuse is a separate offence and carries penalties similar to drink driving. The courts treat this offence robustly to discourage avoidance of testing.
In some cases, additional allegations such as careless or dangerous driving may also be pursued.
Legal Support for Drink Driving Allegations
Drink driving offences can have long-lasting consequences for your licence, employment and personal life. However, outcomes are not always straightforward. Procedural errors, evidential issues or mitigating circumstances may be relevant, and each case must be assessed on its own facts.
An experienced motoring offence solicitor can advise on the strength of the prosecution case and represent you through the court process.
Speak to Millars Solicitors
If you are facing a drink driving or related motoring offence, Millars Solicitors can provide clear, practical advice tailored to your circumstances.
Contact Millars Solicitors today on 0800 999 5535 to discuss your situation confidentially and arrange expert legal representation.
