09 January 2025

How to deal with a drink driving charge

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David Richardson Senior Associate & Deputy Head of Food
A police officer holds a roadside breathalyser alcohol breath test after taking a sample from a driver.

Drink driving is a serious and stressful situation that can have a huge impact on your livelihood, reputation and career.

As a criminal offence, it could lead to you being disqualified from driving, fined, or given a community or prison sentence. For business owners, professionals, and those in roles where driving is essential, early expert legal advice is crucial to help protect your future.

At Wilkin Chapman, one of the UK’s top 200 law firms, we specialise in providing tailored legal advice for individuals who need to minimise the consequences of a driving offence. If you cannot afford the disruption caused by disqualification or legal penalties, our bespoke services are designed for you.

When can police lawfully test for drink or drug use?

The police have the power to stop any vehicle on the road, but they do not have the power to test you for drink or drug consumption without reasonable cause to suspect you’ve committed a drink driving or drug offence. Circumstances that could amount to testing include:

  • If you’re involved in an accident

  • If you commit a traffic offence

  • If you appear to be drunk or showing behaviour of someone who could be

  • If the police can see or smell alcohol

Provided they are in full police uniform, they can then ask you to give a preliminary breath or saliva test or arrest you and take you to the police station for a more accurate test.

If the police cannot prove that they had reasonable cause to test or arrest you, this would make your arrest unlawful and the case against you may fail.

When is it considered drink driving?

The Road Traffic Act 1998 defines drink driving as “driving or attempting to drive a motor vehicle on a road or other public place, after consuming alcohol that the proportion of it with a person’s breath, blood or urine exceeds the prescribed limit.”

The legal limits for drink driving are:

  • 35 mg of alcohol per 100 ml of breath 

  • 80 mg of alcohol per 100 ml of blood 

  • 107 mg of alcohol in 100 ml of urine 

The serious consequences of a drink driving charge

Facing a drink driving charge is a serious matter that carries penalties including:

For business owners and professionals, these penalties can have significant repercussions:

  • Damage to professional reputation

  • Impact on personal/family life

  • Ability to meet work or personal obligations

The ability to drive is essential for many high-performing individuals, and the loss of this privilege can be devastating.

We offer a bespoke service in which we will meet with you beforehand, ensuring that you’re fully informed and comfortable throughout the process.

If you’re facing a drink driving charge, don’t leave your future to chance. Contact us today.

Need help?

Contact David to discuss this further.

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