Drink Driving Solicitors & Legal Advice

Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg a pub car park or a garage forecourt), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol.

Alcohol in the body can be measured in the breath, blood or urine. A driver will be found guilty of drink-driving if he or she has more than:

• 35 microgrammes of alcohol in 100 millilitres of breath
• 80 milligrammes of alcohol in 100 millilitres of blood
• 107 milligrammes of alcohol in 100 millilitres of urine

If the lower of the two breath readings the driver has given is under 39 microgrammes or below, they should be released either without charge or with a caution.

If the reading is between 40 and 50 microgrammes then they must be offered the option of providing an alternative specimen of either blood or urine.

If the lowest sample given is over 51 microgrammes per 100 milliliters of breath, the driver will be charged and will face a court appearance. The motorist will receive a heavy fine and they will lose their driving licence for at least 12 months.

In order to check whether a driver has more than the permitted amount of alcohol in his/her body, the police will carry out a roadside breath test:

• The police can breathalyse anyone who they suspect is driving after excess alcohol, who is committing a moving traffic offence, or has been involved in a road accident, however minor, even if there is no suspicion of alcohol;
• If the test is positive, the driver will be arrested and taken to a police station for a further breath test, or in some circumstances a blood or urine test;
• A driver who fails to blow into the device properly or refuses to take a test, will still end up with a heavy fine and his or her licence endorsed with three or four penalty points.

In order to check whether a driver has more than the permitted amount of alcohol in his/her body, the police will carry out a roadside breath test:

• Drivers found to exceed the limits detailed above are automatically given a minimum one-year disqualification. You could also find yourself paying a fine of up to £5,000 and/or up to six months imprisonment.
• A subsequent offence within ten years will result in a minimum disqualification of three years and the possibility of the driving licence being revoked.
• Failing to give a roadside breath test could result in a fine of £1,000 and four penalty points on your licence.
• If you refuse to provide samples for police analysis after driving, or attempting to drive while under the influence of alcohol, you could be fined up to £5,000 and/or six months in prison. There is also a mandatory disqualification for at least 12 months for a first offence, or at least three years for a second offence within ten years.

If you have found that your driving has landed you in trouble with the police or the court call 01604 828282 or email