Drink Driving Solicitors: Expert Legal Defence Nationwide

Being accused of drink driving can have serious and long-lasting consequences. At Scarsdale Solicitors, we are expert drink driving solicitors defending cases across England and Wales with a 98% success rate. Moreover, our drink driving solicitors handle drug driving offences and totting up bans, providing comprehensive legal support.

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What is Drink Driving?
Drink driving is a serious criminal offence under Section 5 of the Road Traffic Act 1988. Specifically, the offence occurs when a person drives, attempts to drive, or is in charge of a motor vehicle on a road or public place while exceeding the prescribed alcohol limits in their breath, blood, or urine.

The drink driving offence encompasses three main scenarios:

  1. Driving or attempting to drive while over the prescribed limit – This is the most serious form of the offence and applies when you are actually driving or attempting to drive a vehicle while your alcohol level exceeds the legal limit.
  2. Being in charge of a vehicle while over the limit – Importantly, you don’t actually need to be driving to commit this offence. Simply being in control of a vehicle (such as sitting in the driver’s seat with keys nearby) while intoxicated can result in charges.
  3. Driving while unfit through drink – This applies when alcohol has impaired your ability to drive properly, regardless of whether you’re technically over the prescribed limit.

Police forces across the UK conduct regular roadside breath tests, particularly during high-risk periods such as evenings, weekends, and public holidays. Officers can require a breath test if they have reasonable suspicion that you’ve been drinking, if you’ve committed a moving traffic offence, or if you’ve been involved in an accident. Furthermore, refusal to provide a breath specimen when lawfully required is itself a separate criminal offence carrying similar penalties to drink driving.

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Understanding the Law: The Road Traffic Act 1988

The primary legislation governing drink driving offences in England and Wales is the Road Traffic Act 1988, particularly Sections 4 and 5. Section 5 creates the offence of driving or being in charge of a motor vehicle with alcohol concentration above prescribed limits, while Section 4 addresses driving while unfit through drink or drugs.

Additionally, Section 7 of the Road Traffic Act 1988 gives police officers the power to require breath, blood, or urine specimens for analysis. The procedures that police must follow when conducting breath tests and arrests are strictly regulated under the Police and Criminal Evidence Act 1984 (PACE) and its associated Codes of Practice.

Our drink driving solicitors have extensive knowledge of this legislation and understand precisely when and how police can lawfully require specimens, arrest suspects, and gather evidence. Any deviation from proper procedure can provide grounds for challenging the prosecution’s case. The law requires that evidential breath tests must be conducted on approved devices, that defendants must be properly warned of the consequences of failure or refusal, and that specific time limits must be observed.

Importantly, the burden of proof in drink driving cases rests with the prosecution, who must prove beyond reasonable doubt that you were driving (or in charge of) a vehicle while over the prescribed limit. Our experienced drink driving solicitors scrutinise every aspect of the evidence to identify weaknesses, procedural errors, or technical defences that can result in charges being dropped or reduced.

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Penalties for Drink Driving

The penalties for drink driving offences in the UK are severe and can have life-changing consequences. According to the Sentencing Council guidelines, sentences vary depending on the specific offence and the level of alcohol detected. Our drink driving solicitors can help you understand and potentially challenge these penalties by identifying mitigating factors and presenting powerful defences.

Driving or Attempting to Drive While Over the Limit:

This is the most serious drink driving offence and carries the following maximum penalties:

  • Imprisonment: Up to 6 months
  • Fine: Unlimited
  • Disqualification: Minimum 12 months (increased to 36 months if you have a previous drink driving conviction within 10 years)
  • Penalty Points: 3-11 points (if disqualification avoided due to special reasons)
  • Criminal Record: A drink driving conviction will appear on your criminal record

The actual sentence depends on the alcohol level detected. The sentencing guidelines categorise cases into three levels of seriousness based on breath alcohol readings:

  • Level 1 (Most serious): 88 micrograms or above – Community order or custody, plus 23-28 month disqualification
  • Level 2 (Serious): 60-87 micrograms – Band C fine (150-300% of weekly income) plus 17-22 month disqualification
  • Level 3 (Least serious): 36-59 micrograms – Band C fine plus 12-16 month disqualification

Being in Charge of a Vehicle While Over the Limit

If you are not actually driving but are in charge of a vehicle while intoxicated, the penalties are less severe but still serious:

  • Imprisonment: Up to 3 months
  • Fine: Up to £2,500
  • Disqualification: Discretionary (the court may choose to impose a ban)
  • Penalty Points: 10 points (if disqualification is not imposed)

Refusing to Provide a Specimen

Refusing or failing to provide a breath, blood, or urine specimen without reasonable excuse carries penalties equivalent to the most serious drink driving offences:

  • Imprisonment: Up to 6 months
  • Fine: Unlimited
  • Disqualification: Minimum 12 months
  • Penalty Points: 3-11 points (if disqualification avoided)

Causing Death by Careless Driving Under the Influence

This is the most severe drink driving offence and carries maximum penalties of:

  • Imprisonment: Up to 14 years (recently increased from 5 years)
  • Fine: Unlimited
  • Disqualification: Minimum 2 years (typically much longer)
  • Extended Re-test: Compulsory extended driving test before licence restoration
  • Criminal Record: Permanent serious conviction

Additional Consequences Beyond Court Penalties

Beyond the immediate court-imposed penalties, a drink driving conviction triggers numerous collateral consequences:

  • Insurance Premiums: Dramatically increased costs, often 2-5 times higher, lasting at least 5 years
  • Employment Impact: Potential job loss, especially if driving is required for your work
  • Travel Restrictions: Some countries (including the USA and Canada) may deny entry to those with drink driving convictions
  • Professional Licensing: Doctors, lawyers, teachers, and other professionals may face disciplinary action
  • Rehabilitation Requirements: Courts may order alcohol treatment programmes or monitoring
  • Family Impact: Stress on relationships and inability to transport children or elderly relatives

Aggravating Factors That Can Increase Sentencing

Courts consider various aggravating factors when determining sentence severity. The presence of one or more of these factors can significantly increase the penalties you face:

  • High alcohol level – Readings substantially above the legal limit result in more severe sentences
  • Previous convictions – Particularly previous drink or drug driving offences within the past 10 years
  • Poor driving behaviour – Speeding, dangerous manoeuvres, or causing an accident while intoxicated
  • Passengers in the vehicle – Especially vulnerable passengers such as children or elderly individuals
  • Driving in high-risk areas – Near schools, in residential areas, or other pedestrian-heavy zones
  • Attempts to avoid detection – Trying to evade police pursuit or flee the scene
  • Driving without insurance or licence – Compounding the offence with other violations
  • Failure to cooperate with police – Aggressive behaviour or attempts to interfere with testing procedures
  • Causing injury or damage – Any accidents, property damage, or injuries resulting from your driving
  • Commercial or professional drivers – Those in positions of trust or responsibility face harsher treatment

Common Reasons People Are Charged with Drink Driving

In fact, there are many legitimate scenarios where individuals find themselves facing drink driving charges without any malicious intent or awareness that they were breaking the law. Understanding these situations is crucial, as they may form the basis of your defence.

The “Morning After” Scenario

One of the most common situations involves people who consumed alcohol the previous evening and genuinely believed the alcohol had left their system by morning. Many people are shocked to discover they’re still over the limit 8-12 hours after their last drink. Metabolism rates vary significantly between individuals based on weight, gender, age, food consumption, and other factors, making it genuinely difficult to know when you’re safe to drive.

Laced or Spiked Drinks

Some individuals have their drinks spiked without their knowledge at social gatherings, parties, or bars. If you consumed what you believed to be non-alcoholic beverages but were actually given alcoholic drinks, you may have a valid defence.

Prescription Medication Interactions

Certain medications can affect alcohol metabolism or create false positive readings on breathalyser devices. Additionally, some over-the-counter medicines contain alcohol that users may be unaware of.

Emergency Situations

Genuine emergencies sometimes compel people to drive despite having consumed alcohol. For example, rushing someone to hospital during a medical emergency or fleeing from imminent danger may constitute “special reasons” even if you’re over the limit.

Short Distance on Private Property

Some people are charged after moving their vehicle a very short distance on what they believed to be private property. The legal definitions of “driving,” “road,” and “public place” can be complex and contested.

Sitting in Stationary Vehicle

Many people don’t realise that simply sitting in a parked car with the keys accessible while intoxicated can result in charges of being “in charge” of a vehicle. People sleeping off the effects of alcohol in their cars are frequently arrested despite having no intention of driving.

Importantly, if you were genuinely unaware you were over the limit, had a reasonable belief that enough time had passed since drinking, or drove due to an unexpected emergency situation, this is very different from deliberately drinking and driving. Our drink driving solicitors excel at making this distinction clear in court, presenting compelling evidence of your state of mind, the circumstances surrounding the offence, and any mitigating factors that support a more lenient outcome.

What Constitutes “Special Reasons” Not to Disqualify?

Even if you’re convicted of drink driving, the court may choose not to disqualify you from driving if there are “special reasons” related to the offence itself (not your personal circumstances). However, special reasons arguments are highly technical and require expert presentation by experienced drink driving solicitors. Special reasons must relate to the offence, not the offender. They must:
  • Be a mitigating or extenuating circumstance
  • Not amount to a defence to the charge
  • Be directly connected to the commission of the offence
  • Be a matter that the court ought to take into consideration

Common special reasons that may prevent disqualification include:

  • Shortness of distance driven – If you drove only a very short distance in an emergency
  • Spiked drinks – Evidence that your drink was laced without your knowledge
  • Genuine emergency – A sudden medical emergency requiring immediate action
  • No likelihood of driving – You had no intention of driving (for “in charge” offences)
  • Honest and reasonable mistake – Limited circumstances where you genuinely believed you were under the limit
Importantly, our experienced drink driving solicitors thoroughly investigate the circumstances of your case to identify any potential special reasons arguments. Success depends on presenting compelling evidence and legal arguments that meet the strict legal tests established by case law.
Proven Defences for Drink Driving Cases

Our drink driving solicitors meticulously examine every aspect of your case to identify potential defences. Each case is unique, and a thorough analysis of the evidence often reveals grounds for challenging the prosecution. Below are the most common and effective defences in drink driving cases.

1

Procedural Errors by Police

Police officers must follow strict procedures under PACE 1984 and the associated Codes of Practice when conducting breath tests, making arrests, and gathering evidence. Our drink driving solicitors regularly challenge cases based on procedural violations including:

  • Failure to properly caution you upon arrest
  • Conducting breath tests without reasonable suspicion or grounds
  • Not providing you with access to legal advice when requested
  • Improper handling or documentation of specimens
  • Breaches of custody procedures at the police station
  • Failure to offer the statutory option of blood or urine test when required

Any significant breach of PACE can render evidence inadmissible and result in case dismissal.

2

Faulty or Improperly Calibrated Breathalyser Devices

Breathalyser devices must be properly maintained, regularly calibrated, and operated by trained officers. Our drink driving solicitors meticulously examine device records and can challenge results based on:

  • Lack of proper calibration records or expired calibration certificates
  • Device malfunction or error messages during testing
  • Improper cleaning or maintenance of the device
  • Failure to use approved devices (only certain models are legally admissible)
  • Operator error in administering the test
  • Ambient alcohol or contamination affecting readings

We can obtain expert evidence to demonstrate that the breathalyser reading was unreliable and should not be admitted as evidence.

3

Post-Driving Alcohol Consumption

If you consumed alcohol after driving but before providing a breath specimen, this can form the basis of a complete defence. This commonly occurs when:

  • You had an accident and drank alcohol to calm your nerves before police arrived
  • You arrived home and had a drink before police knocked on your door
  • You consumed alcohol between driving and being stopped by police

Experienced drink driving solicitors can present evidence proving that your alcohol level was below the limit while actually driving, even if it exceeded the limit when tested later. This defence requires expert toxicology evidence to calculate "back calculations" of your likely alcohol level at the time of driving.

4

No Likelihood of Driving (For "In Charge" Offences)

If charged with being in charge of a vehicle while over the limit (rather than actually driving), you can defend the case by proving there was no likelihood of you driving while intoxicated. Our drink driving solicitors can present evidence such as:

  • You had arranged alternative transport home
  • You were sleeping in the vehicle with no intention of driving
  • The keys were not in your possession or were inaccessible
  • The vehicle was mechanically incapable of being driven
  • You had made arrangements to stay at the location overnight

This defence shifts the burden to the prosecution to prove you were likely to drive.

5

Medical Conditions Affecting Test Results

Certain medical conditions can cause false positive readings or genuinely elevate alcohol readings without actual alcohol consumption. Conditions that may affect breathalyser results include:

  • Diabetes and ketosis - Can produce acetone that breathalysers may mistake for alcohol
  • Gastroesophageal reflux disease (GERD) - Can cause mouth alcohol that inflates readings
  • Dental problems or oral diseases - Can trap alcohol in the mouth
  • Breathing disorders - May affect ability to provide proper breath samples
  • Liver disease - Can affect alcohol metabolism

Our drink driving solicitors work with medical experts to present evidence of how your condition affected the test results.

6

No Intention to Drive

For "in charge" offences, you may successfully argue that despite being in or near your vehicle, you had no intention whatsoever to drive. Evidence supporting this defence might include:

  • Testimony from witnesses confirming your plans not to drive
  • Evidence of taxi bookings or lift arrangements
  • Your location in the vehicle (passenger seat, rear seat)
  • The vehicle's condition (engine cold, keys in boot)
  • Your state of undress or preparation for sleep
7

Contamination or Chain of Custody Issues

Blood and urine samples must be properly collected, sealed, stored, transported, and analysed according to strict protocols. Our drink driving solicitors can challenge evidence based on:

  • Improper sealing or labelling of samples
  • Lack of continuity in the chain of custody
  • Contamination during collection or storage
  • Delays in analysis that may affect results
  • Loss or destruction of samples preventing independent analysis
  • Failure to provide you with a sample portion for independent testing
8

Unlawful Stop or Arrest

If police stopped your vehicle or arrested you without lawful authority, any evidence obtained may be inadmissible. Grounds for challenging the stop include:

  • No reasonable suspicion or grounds for stopping you
  • Random stops without proper authorisation (except at approved checkpoints)
  • Arrest without properly informing you of the reason
  • Use of excessive force or other improper conduct
  • Racial profiling or discriminatory targeting

Our drink driving solicitors carefully review the circumstances of your stop and arrest to identify any unlawful police conduct that could result in evidence being excluded and charges being dismissed.

The Legal Alcohol Limits for Driving in the UK

The prescribed legal limits for alcohol in England, Wales, and Northern Ireland are:

  • 35 micrograms of alcohol per 100 millilitres of breath
  • 80 milligrams of alcohol per 100 millilitres of blood
  • 107 milligrams of alcohol per 100 millilitres of urine

Scotland has lower limits (22 micrograms per 100ml of breath, 50 milligrams per 100ml of blood), but if you’re prosecuted in England or Wales, the higher limits above apply.

However, it’s important to understand that:

  • There is no “safe” amount of alcohol that guarantees you’ll be under the limit
  • Individual metabolism rates vary enormously
  • The “unit” system is an unreliable guide to when you’ll be under the limit
  • Commercial and professional drivers may be held to higher standards in practice
  • Even drinking the night before can leave you over the limit the next morning

The only truly safe approach is not to drink at all if you plan to drive within the next 24 hours.

How Long Will a Drink Driving Conviction Stay on Your Record?

A drink driving conviction has long-lasting consequences that extend well beyond your period of disqualification:

Driving Licence Record:

  • The conviction remains on your driving licence for 11 years from the date of conviction
  • This affects insurance premiums throughout this period
  • It counts as a previous conviction if you commit another drink driving offence within 10 years

Criminal Record:
For criminal record checks (such as DBS checks for employment), the conviction becomes “spent” under the Rehabilitation of Offenders Act 1974 after:

  • 5 years for adults (if the sentence was a fine or community order)
  • 2.5 years for individuals under 18 at the time of conviction
  • Longer periods if you received a custodial sentence

Practical Impacts:

  • Employment: Many employers ask about unspent convictions, and some roles (driving jobs, teaching, healthcare) may be unavailable
  • Insurance: Premiums remain elevated for at least 5 years and often longer
  • Travel: Some countries (notably USA and Canada) may refuse entry to those with drink driving convictions
  • Professional Licensing: Regulatory bodies for doctors, lawyers, accountants, and other professionals may impose sanctions

Future Offending: A previous conviction significantly increases penalties for any future motoring offence

Can Drink Driving Solicitors Help You Avoid a Driving Ban?

Yes, in many cases our drink driving solicitors can help you avoid a driving ban or significantly reduce the period of disqualification. Success depends on the specific facts of your case, the strength of the prosecution evidence, and how early you seek legal representation.

Our drink driving solicitors can help you avoid or reduce a ban by:

Challenging the Prosecution Case:

  • Identifying and exploiting weaknesses in the evidence
  • Demonstrating police procedural errors that render evidence inadmissible
  • Challenging the reliability of breath test devices and results
  • Presenting expert evidence undermining the prosecution case

Establishing “Special Reasons” Not to Disqualify:

  • Presenting evidence of spiked drinks, emergencies, or other exceptional circumstances
  • Demonstrating that disqualification would be disproportionate given the specific facts
  • Building compelling legal arguments meeting the strict special reasons tests

Applying for Exceptional Hardship:

  • If you’re facing a totting-up ban due to accumulating 12 points, we can argue exceptional hardship
  • Demonstrating that disqualification would cause severe hardship to you or others dependent on you
  • Presenting evidence of employment loss, care responsibilities, or other exceptional circumstances

Negotiating Reduced Charges:

  • In some cases, negotiating with the prosecution to accept a lesser charge (such as “in charge” rather than “driving”)
  • Securing agreements that result in shorter bans or alternative penalties

The earlier you contact our drink driving solicitors, the better your chances of avoiding a ban. Time-sensitive evidence can be gathered, witnesses can be interviewed while memories are fresh, and defence strategies can be implemented before it’s too late.

Can You Shorten the Driving Ban?

Yes, you may be able to reduce your disqualification period by completing an approved Drink Drive Rehabilitation Course (DDRC). This rehabilitation course is offered at the discretion of the sentencing court and can reduce your ban by up to 25%.

Key points about drink drive rehabilitation courses:

  • The course must be offered by the court at the time of sentencing (you cannot apply for it later)
  • You must agree to participate and pay the course fee (typically £150-£250)
  • The course involves attending sessions to address alcohol misuse and driving behaviour
  • Upon successful completion, your ban is reduced by up to 25% (rounded up to complete weeks)
  • For example, a 24-month ban could be reduced to 18 months
  • The minimum ban after reduction cannot be less than 12 months
  • The course must be completed before the reduction takes effect

However, our priority at Scarsdale Solicitors is to help you avoid conviction altogether or achieve a significantly reduced sentence. Our drink driving solicitors fight to have charges dismissed, evidence excluded, or penalties minimised so that you face the shortest possible ban or, in the best cases, no disqualification at all.

Will Your Insurance Be Affected by a Drink Driving Conviction?

Unfortunately, yes. A drink driving conviction will have a severe and long-lasting impact on your car insurance. Consequently, you should be prepared for:

Immediate Effects:

  • Your current insurer may cancel your policy upon notification of conviction
  • You must inform your insurer of the conviction (failure to do so can invalidate your insurance)
  • Your premium will increase dramatically, often by 200-500%
  • Many mainstream insurers will refuse to provide cover altogether

Long-Term Effects:

  • The conviction affects your insurance for a minimum of 5 years
  • Some insurers monitor for 11 years (the full period it stays on your licence)
  • You may need to use specialist “convicted driver” insurance providers
  • Cover will remain expensive even after your ban ends
  • Therefore, even a short ban can cost you tens of thousands of pounds in increased premiums

Additional Insurance Complications:

  • You’ll need to obtain SR-22 or equivalent insurance for certain international driving
  • Some employers’ motor insurance policies exclude convicted drivers
  • Hire car companies may refuse to rent to you
  • Breakdown cover and other motor-related insurance may also increase in cost

This is yet another reason why securing expert representation from experienced drink driving solicitors is crucial. The financial cost of conviction far exceeds the cost of proper legal defence.

What Happens If You Refuse a Breath, Blood, or Urine Test?

Refusing or failing to provide a specimen when lawfully required is a separate criminal offence under Section 7(6) of the Road Traffic Act 1988. The penalties are severe and equivalent to the most serious drink driving offences:

Penalties for refusing to provide a specimen:

  • Up to 6 months imprisonment
  • Unlimited fine
  • Minimum 12-month driving ban
  • Criminal record

Importantly, refusal carries the same stigma as a high-level drink driving conviction. Courts and insurance companies treat refusal as equivalent to being substantially over the limit. Moreover, the court may draw an adverse inference from your refusal, essentially treating it as an admission that you knew you were over the limit.

However, there are lawful defences to a refusal charge:

Our drink driving solicitors can defend refusal charges if you had a “reasonable excuse” for not providing a specimen, such as:

  • Medical conditions preventing you from providing an adequate sample (asthma, panic attacks, physical disabilities)
  • Genuine misunderstanding of police instructions due to language barriers
  • Police failure to warn you properly of the consequences of refusal
  • Physical impossibility of providing the specimen type requested
  • Phobias of needles or medical procedures (for blood tests)
  • You did not actually refuse but were physically unable to comply

The prosecution must prove that you refused without reasonable excuse. Our experienced drink driving solicitors can challenge this by presenting medical evidence, testimony from expert witnesses, or evidence of police procedural failures.

The Court Process for Drink Driving Cases

Understanding the court process is crucial, which is why consulting experienced drink driving solicitors early is so important. The process typically follows these stages:

1

Notice of Intended Prosecution (NIP)

Initially, if you weren't arrested at the scene, you'll receive a Notice of Intended Prosecution within 14 days of the alleged offence. This document:

  • Informs you that prosecution proceedings may be brought
  • Requires you to identify who was driving at the time (if you were the registered keeper)
  • Must be returned within 28 days
  • Failure to respond is itself a criminal offence

Our drink driving solicitors can advise you on how to respond appropriately to protect your position.

2

Court Summons

Subsequently, you'll receive a formal summons requiring you to attend the Magistrates' Court on a specified date. This document:

  • Sets out the charges against you
  • Provides the date, time, and location of your first hearing
  • Explains your rights and obligations
  • May include details of the prosecution evidence

At this stage, contact with our drink driving solicitors is essential to begin building your defence strategy.

3

First Hearing at Magistrates' Court

The first hearing is typically a brief procedural appearance where:

  • The charges are formally read to you
  • You indicate how you intend to plead (guilty or not guilty)
  • If pleading not guilty, a trial date is set
  • If pleading guilty, the court may proceed to sentencing or adjourn for reports
  • Bail conditions may be imposed

    • Our drink driving solicitors will represent you at this hearing, advise you on your plea, and ensure your rights are protected throughout.

4

Trial (If Pleading Not Guilty)

If you plead not guilty, your case will proceed to trial where:

  • The prosecution presents its evidence, including officer testimony and technical evidence
  • Our drink driving solicitors cross-examine prosecution witnesses to highlight weaknesses and inconsistencies
  • We present your defence, including witness testimony and expert evidence
  • Legal arguments are made about the admissibility and reliability of evidence
  • The magistrates or district judge determines guilt beyond reasonable doubt

Trials typically last between half a day and two days, depending on complexity. Our drink driving solicitors have extensive trial experience and are skilled at presenting compelling defences, challenging prosecution evidence, and securing not guilty verdicts.

5

Sentencing

If you plead guilty or are found guilty after trial,

The court will proceed to sentencing:

  • The prosecution outlines the facts and any aggravating factors
  • Our drink driving solicitors present mitigation on your behalf, highlighting positive character evidence, remorse, and any factors that warrant a lenient sentence
  • We argue for special reasons not to disqualify if applicable
  • The court considers sentencing guidelines and imposes penalties
  • You receive immediate notification of the sentence including length of ban, fine amount, and any other requirements

Having skilled drink driving solicitors present compelling mitigation at sentencing can make an enormous difference to the penalties imposed, potentially saving your licence, your livelihood, and your freedom.

Why Choose Scarsdale Solicitors for Drink Driving Defence?

When you need drink driving solicitors, choosing the right legal team can make all the difference between conviction and acquittal, between a lengthy ban and keeping your licence. Here’s why hundreds of clients trust Scarsdale Solicitors with their drink driving defence.

98% Success Rate in Motoring Cases

Our drink driving solicitors have achieved an exceptional 98% success rate in motoring offence cases. This remarkable record reflects our thorough preparation, aggressive defence strategies, and deep understanding of drink driving law. We’ve successfully defended cases involving:

  • High breath alcohol readings where conviction seemed inevitable
  • Refusal to provide specimen charges
  • Multiple previous convictions
  • Accidents involving injuries
  • Cases with seemingly overwhelming prosecution evidence

Our success rate demonstrates that with the right legal representation, even the most challenging cases can be won.

Led by Motoring Law Expert Shazia Ali

Scarsdale Solicitors is led by Shazia Ali, a highly respected motoring law specialist with over 20 years of experience defending driving offences. Shazia has:

  • Defended hundreds of drink driving cases across England and Wales
  • Built an outstanding reputation for securing not guilty verdicts and case dismissals
  • Developed relationships with expert witnesses, toxicologists, and technical specialists
  • Mastered the complex technical and legal issues involved in drink driving defence
  • Earned the trust and respect of clients, courts, and fellow legal professionals

When you instruct Scarsdale Solicitors, you benefit from Shazia’s exceptional expertise and unwavering commitment to achieving the best possible outcome for every client.

We Understand the Technical Complexities

  • Drink driving cases involve complex technical and scientific issues that require specialist knowledge. Our drink driving solicitors understand:

    • Breathalyser Technology: How devices work, common sources of error, calibration requirements, and when results can be challenged
    • Alcohol Pharmacokinetics: How the body absorbs, metabolises, and eliminates alcohol, enabling us to present expert evidence on “back calculations” and post-driving consumption
    • PACE Procedures: The intricate procedural requirements police must follow, allowing us to identify breaches that can lead to evidence exclusion
    • Forensic Analysis: How blood and urine samples must be collected, stored, and analysed, enabling us to challenge contamination or chain of custody issues

    This technical expertise sets our drink driving solicitors apart and enables us to mount sophisticated defences that general practice solicitors simply cannot match.

Transparent Pricing, No Hidden Costs

We believe everyone deserves access to expert legal representation without financial uncertainty. Our pricing structure includes:
  • Fixed fees for straightforward drink driving cases, quoted upfront with no surprises
  • Clear hourly rates for complex cases requiring extensive preparation or trial
  • Detailed cost estimates provided before you commit to instructing us
  • No hidden charges – all anticipated costs explained in plain English
  • Flexible payment plans available for private clients
  • Free initial consultation for all clients to discuss your case
We’ll always tell you exactly what our services will cost before you make any commitment, ensuring you can make informed decisions about your defence.

Personalised, Compassionate Service

Being charged with drink driving is one of the most stressful experiences imaginable. Our drink driving solicitors provide not just legal expertise, but also genuine understanding and emotional support throughout this difficult time. We:
  • Listen to your concerns without judgment
  • Explain complex legal matters in plain English
  • Keep you fully informed at every stage of your case
  • Respond promptly to your questions and concerns
  • Treat you with dignity and respect regardless of the circumstances
  • Understand the impact on your family, employment, and mental health
Our personalised approach means you’re never just a case number – you’re a valued client deserving of our very best efforts and compassionate support.

Rapid Response Times

When you’re facing drink driving charges, time is critical. Evidence can be lost, witnesses’ memories fade, and defence opportunities disappear if action isn’t taken quickly. That’s why our drink driving solicitors guarantee:
  • Call back within 30 minutes during business hours
  • 24/7 emergency contact for urgent matters
  • Same-day consultations available when needed
  • Immediate action on time-sensitive matters like evidence preservation
  • No delays – we start building your defence the moment you instruct us
Our rapid response ensures that your defence is protected from the very beginning, maximizing your chances of a favourable outcome.

Nationwide Representation

Although we’re based in Rochdale, our drink driving solicitors represent clients across England and Wales. We regularly appear in courts throughout the country, including:

  • Magistrates’ Courts in major cities: London, Manchester, Birmingham, Leeds, Liverpool, Newcastle, Bristol, Cardiff
  • Crown Courts when cases are committed for sentencing
  • Regional courts in towns and rural areas across England and Wales

Distance is never a barrier to receiving expert legal representation. We can handle much of the case preparation remotely and attend court on your behalf, minimising disruption to your life while ensuring you receive the same exceptional service regardless of location.

Outstanding Client Reviews

With over 244 verified five-star reviews and a 4.8/5 rating, our clients consistently praise our:

  • Professional expertise

  • Clear communication

  • Successful outcomes

  • Supportive approach
Our Full Range of Motoring Defence Services

At Scarsdale Solicitors, we defend all types of road traffic offences:

  • Failing to Provide a Specimen
  • Drink Driving Offences
  • Drug Driving Offences
  • Totting Up Bans and Exceptional Hardship Applications
  • Speeding Offences
  • Dangerous Driving
  • Careless Driving
  • Driving While Disqualified
  • Driving Without Insurance
  • Mobile Phone Offences
  • Failing to Stop or Report an Accident
  • Death by Dangerous Driving
  • Taxi Licensing Appeals
  • Appeals Against Conviction or Sentence
Should You Plead Guilty or Not Guilty?

Many people assume they must plead guilty to a drink driving charge if the breathalyser showed they were over the limit, but this isn’t always the case. Consulting drink driving solicitors before making this life-changing decision is crucial.

Consider these factors before deciding your plea:

  1. Strength of the Evidence: Just because you failed a breath test doesn’t mean the evidence is reliable or admissible. Breathalyser devices can malfunction, police procedures may have been violated, and technical defences may be available.

     

  2. Procedural Compliance: Did police follow all required procedures under PACE? Were you properly cautioned? Was the breath test device properly calibrated? Were you given access to legal advice? Any procedural error could render evidence inadmissible.

     

  3. Availability of Defences: Do you have a valid defence such as post-driving consumption, medical conditions affecting results, or no likelihood of driving? Our drink driving solicitors can identify defences you may not have considered.

     

  4. Special Reasons or Exceptional Hardship: Even if the evidence is strong, there may be grounds to avoid disqualification through special reasons arguments or exceptional hardship applications.

     

  5. Strength of Prosecution Case: Will all prosecution witnesses attend court? Is the prosecution evidence consistent and credible? Are there weaknesses our drink driving solicitors can exploit at trial?

     

However, pleading guilty when you have no realistic defence can have benefits:

  • Credit for an early guilty plea (typically one-third reduction in sentence)
  • Reduced legal costs
  • Certainty about the outcome
  • Less stressful than going through a trial

Therefore, the decision must be based on expert legal advice after our drink driving solicitors have thoroughly reviewed all evidence and identified the strengths and weaknesses of your case. Never make this decision alone or under pressure – instruct experienced drink driving solicitors who can provide honest, expert advice on your realistic prospects and best course of action.

What to Do If You've Been Charged with Failing to Provide

If you’re facing drink driving charges, taking the right steps immediately can significantly improve your chances of a favourable outcome. Follow these crucial steps:

1

Don't Panic, But Don't Delay

Remember, being charged is not the same as being convicted. Many people charged with drink driving are ultimately acquitted or have charges dropped. Furthermore, even if convicted, there are often ways to minimise the penalties. The key is to remain calm and take immediate action to protect your rights.

2

Contact Expert Drink Driving Solicitors Immediately

The single most important step is to instruct experienced drink driving solicitors as soon as possible. The earlier we're involved in your case, the more we can do to protect your interests. We can:

  • Preserve time-sensitive evidence before it's lost
  • Interview witnesses while memories are fresh
  • Prevent you from making damaging admissions
  • Ensure you're properly advised before making any decisions
  • Begin building your defence strategy immediately

Don't wait until the court date approaches - contact us now for a free initial consultation.

3

Gather and Preserve All Documentation

Collect and save everything related to your case:

  • The charge sheet and bail notice
  • Any breath test printouts or specimen analysis certificates
  • Police station custody records
  • Names and contact details of any witnesses
  • Photographs of the scene, your vehicle, or any relevant conditions
  • Medical records if you have any relevant health conditions
  • Receipts showing what and when you drank
  • Evidence of any emergencies or exceptional circumstances

Provide all this documentation to your drink driving solicitors so we can conduct a thorough review.

4

Don't Discuss Your Case

Avoid discussing your case with anyone except your solicitor:

  • Don't post about it on social media
  • Don't discuss it with friends, colleagues, or family in detail
  • Don't contact the police or prosecution without your solicitor present
  • Don't make any written statements or admissions

Anything you say could be used against you and could damage your defence. Your drink driving solicitors will handle all communications on your behalf.

5

Follow Your Solicitor's Advice and Prepare for Court

Once you've instructed us, we'll guide you through every step of the process. Furthermore, we'll prepare you thoroughly for court appearances, explaining:

  • What to expect at each stage
  • How to conduct yourself in court
  • What questions you may be asked
  • What evidence will be presented
  • What outcomes are possible

You can contact us here to book your free initial consultation with our expert drink driving solicitors.

Common Myths About Drink Driving (Debunked by Our Drink Driving Solicitors)

Myth 1: "I Can Calculate When I'm Safe to Drive"

The Truth: There is no reliable way to calculate when alcohol has left your system. Online calculators, smartphone apps, and the "unit per hour" rule are all unreliable. Individual metabolism varies enormously based on weight, gender, age, genetics, food consumption, medications, stress levels, and numerous other factors. The only safe approach is not to drive for at least 24 hours after drinking.

Myth 2: "If I Eat a Big Meal, I Can Drink More"

The Truth: Food may slow alcohol absorption, giving a false sense of security, but it doesn't reduce the total amount of alcohol in your system. You'll still reach the same peak alcohol level - it just takes longer. Many "morning after" drink driving cases involve people who ate well the night before and mistakenly believed they were safe to drive.

Myth 3: "I Only Had Two Drinks, So I'm Fine"

The Truth: The strength of drinks varies enormously. A large glass of wine can contain 3-4 units of alcohol, while spirits can be poured in vastly different measures. Moreover, "two drinks" might put a small woman well over the limit but barely affect a large man. Never rely on counting drinks - the only safe limit is zero.

Myth 4: "Coffee, Cold Showers, or Fresh Air Will Sober Me Up"

The Truth: Only time eliminates alcohol from your system. Nothing else - not coffee, cold showers, exercise, fresh air, or any other trick - speeds up alcohol metabolism. These methods might make you feel more alert, but your blood alcohol level remains unchanged. They can actually be dangerous by giving false confidence to drive while still intoxicated.

Myth 5: "The Police Need Reasonable Suspicion to Breath Test Me"

The Truth: While police generally need grounds to require a breath test, these grounds are very broad and easily satisfied. They can test you if they suspect you've been drinking, if you've committed any moving traffic offence, if you've been involved in an accident, or at approved testing checkpoints. Importantly, at checkpoints or after accidents, no suspicion of alcohol consumption is required at all.

Myth 6: "I Should Refuse the Breath Test"

The Truth: This is terrible advice that our drink driving solicitors strongly advise against. Refusing to provide a specimen is itself a criminal offence carrying identical penalties to drink driving, and courts typically treat refusal worse than being over the limit. The only time refusal is justified is if you have a genuine medical reason preventing you from providing a sample, in which case our drink driving solicitors can defend the refusal charge.

Myth 7: "I Can't Beat a Drink Driving Charge"

The Truth: Many drink driving cases can be successfully defended. Our drink driving solicitors regularly secure not guilty verdicts, case dismissals, and significantly reduced penalties by identifying procedural errors, challenging evidence reliability, presenting expert testimony, and exploiting weaknesses in the prosecution case. Never assume conviction is inevitable without first obtaining expert legal advice.

Frequently Asked Questions

Understanding offences and process helps you make informed decisions about your future.

Book a Consultation

Our fees vary depending on case complexity. We offer fixed fees for straightforward cases (typically £1,500-£3,500) and hourly rates for complex cases requiring extensive preparation or trial. We provide detailed written quotes upfront with no hidden charges. Given that conviction typically costs £50,000-£200,000 in total consequences, expert legal representation is a wise investment. Contact us for a free initial consultation and personalised quote.

We strongly advise against self-representation. Drink driving law is highly technical, involving complex scientific evidence, strict procedural requirements, and sophisticated legal arguments. Magistrates regularly see unrepresented defendants miss crucial defence opportunities, fail to challenge admissible evidence, and receive harsher sentences than represented defendants. Our drink driving solicitors' expertise regularly achieves outcomes that would be impossible for unrepresented defendants.

No ethical solicitor can guarantee any particular outcome - doing so would be professional misconduct. However, our drink driving solicitors can promise to provide expert representation, identify every available defence, challenge prosecution evidence thoroughly, and fight relentlessly for the best possible outcome. Our 98% success rate demonstrates that expert representation dramatically improves your chances of a favourable result.

Not necessarily. In rare cases where "special reasons" exist, the court may decline to impose disqualification despite conviction. Additionally, our drink driving solicitors regularly secure not guilty verdicts or case dismissals, meaning you keep your licence entirely. Even when conviction is unavoidable, we can often achieve significantly shorter bans than you would receive without representation.

Cases typically take 3-6 months from charge to final resolution. Simple guilty pleas may be resolved in 6-8 weeks, while contested trials often take 4-6 months to reach trial date. Complex cases involving expert evidence may take longer. Our drink driving solicitors work to progress cases as quickly as possible while ensuring thorough preparation.

Yes, unless you've already been disqualified. The disqualification only takes effect once the court imposes it at sentencing. However, driving while on bail for drink driving should be done with extreme caution - any further offence while awaiting trial will significantly worsen your situation.

"Over the limit" (Section 5 RTA 1988) is an objective test - if your alcohol level exceeds the prescribed limits, you're guilty regardless of whether alcohol affected your driving. "Unfit through drink" (Section 4 RTA 1988) requires proof that alcohol actually impaired your ability to drive properly. The penalties are similar, but the evidence requirements differ. Our drink driving solicitors can advise which charge you face and how to defend it.

Possibly. Some countries (including USA and Canada) can refuse entry to those with criminal convictions, including drink driving. Requirements vary by country and purpose of travel. Our drink driving solicitors can provide general guidance, though specific advice should come from immigration specialists. This is another reason why avoiding conviction is so important.

Legal Aid is generally not available for drink driving cases in Magistrates' Court unless you meet strict financial eligibility criteria and the case involves complex legal issues or you face losing your livelihood. Most clients fund their defence privately. However, given the enormous cost of conviction, investing in expert drink driving solicitors is almost always financially worthwhile.

If you're not a UK resident, drink driving penalties still apply fully. You'll be disqualified from driving in the UK, fined, and potentially imprisoned. The conviction may also affect your immigration status if you're in the UK on a visa. Our drink driving solicitors can advise on the specific implications for non-UK residents and represent international clients.

Don't Face This Alone. Contact Scarsdale Solicitors Today

Being charged with drink driving is frightening, but you don’t have to face it alone. Scarsdale Solicitors’ expert drink driving solicitors have successfully defended hundreds of clients, achieving not guilty verdicts, case dismissals, and significantly reduced penalties in cases where conviction seemed inevitable.
With a 98% success rate, over 20 years of specialist experience, and a genuine commitment to fighting for every client, we are the drink driving solicitors you need on your side.

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I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

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