Drink Driving Solicitor Birmingham

The principal drink driving offence under section 5(1)(a) of the Road Traffic Act 1988 is driving or attempting to drive a motor vehicle on a road or public place with excess alcohol. The legal limits in England and Wales are 80 milligrams of alcohol per 100 millilitres of blood, 35 micrograms per 100 millilitres of breath, and 107 milligrams per 100 millilitres of urine. A conviction carries a mandatory minimum disqualification of 12 months. There is no discretion to impose points instead of a ban.

A separate offence under section 4 of the Road Traffic Act 1988 covers driving whilst unfit through drink. This offence does not require proof of a specific alcohol level but requires the prosecution to show that the driver was impaired by drink. The same minimum 12-month ban applies on conviction.

Technical and procedural defences — Strict procedures govern how the police must conduct a breath test, blood test, or urine test under the Police and Criminal Evidence Act 1984 and the Road Traffic Act 1988. Any failure to follow those procedures correctly may provide a defence or may affect the admissibility of the evidence. David advises on whether a technical or procedural challenge is available before any plea is entered.

The hip flask defence — Where alcohol was consumed after driving and before a test was taken, the prosecution must prove beyond reasonable doubt that the defendant was over the limit at the time of driving rather than at the time of the test. This defence requires expert evidence from a forensic toxicologist. David advises on its availability in specific cases.

Duress — A complete defence where driving was the only reasonable response to an immediate threat to life. A narrow defence that applies only in genuine emergencies.

Special reasons are circumstances specific to the commission of the offence that a court may take into account to reduce or avoid the mandatory disqualification, even where the defendant is convicted. They must relate to the offence itself rather than the offender. Established special reasons in drink driving cases include a genuinely laced drink (where the defendant did not know alcohol was in their drink), a very short distance driven, a genuine emergency, and driving that took place on private land that was not a road or public place.

Special reasons arguments require careful preparation, supporting evidence, and clear presentation to the court. David has extensive experience of special reasons hearings at Birmingham Magistrates’ Court.

Where a guilty plea is entered and no special reasons are available, effective mitigation can significantly reduce the length of the disqualification. David addresses the court on the personal circumstances of the defendant, the impact of the ban on employment and family, any genuine remorse, and the steps taken since the offence. The court also has discretion to offer the drink drive rehabilitation course, which reduces the ban by up to 25% on successful completion.

David Roy appears regularly at Birmingham Magistrates’ Court and is familiar with the approach of the local bench to drink driving sentencing.