Drink Driving Borderline Cases Solicitors | Expert Defence UK

No. The statutory option to request alternative testing for borderline readings was abolished on 10 April 2015. However, police may still offer blood or urine testing in specific circumstances such as device malfunction or medical reasons preventing breath testing. Moreover, our drink driving borderline cases solicitors can advise whether you should accept alternative testing if offered.

All breath testing devices have an inherent margin of error, even when properly calibrated and maintained. Specifically, Home Office type approval allows tolerances within certain limits. Moreover, in borderline cases where readings are only marginally over 35µg, even small inaccuracies become critically important. Therefore, device accuracy should always be challenged by expert drink driving borderline cases solicitors.

Subjective feelings of sobriety are completely unreliable indicators of actual blood alcohol levels. Moreover, alcohol affects individuals differently based on tolerance, body weight, metabolism, and other factors. Consequently, you can feel entirely sober while being over the legal limit. Therefore, never rely on how you feel when deciding whether to drive.

"Morning after" scenarios are extremely common in borderline cases. Specifically, alcohol metabolism varies significantly between individuals, and residual alcohol can remain in your system many hours after you've stopped drinking. Moreover, factors affecting metabolism include body weight, gender, food consumption, and the amount and type of alcohol consumed. Therefore, breath calculators and smartphone apps are unreliable and should never be trusted. Consequently, many drivers genuinely believe they're safe to drive when they're marginally over the limit.

Yes, absolutely. Several medical conditions can artificially elevate breath alcohol readings:

• GERD/GORD (acid reflux): Causes mouth alcohol from stomach contents
• Diabetes: Produces acetone that some devices misread as alcohol
• Respiratory conditions: Affect breath sample quality
• Dental issues: Trap alcohol in dental work or gum disease

Moreover, in borderline cases, these conditions become particularly significant defences. Therefore, our drink driving borderline cases solicitors obtain medical evidence to support these defences.

The "rising alcohol" defence (also called "hip flask defence") applies when you consumed alcohol after driving but before being tested. Importantly, the law requires proof that you exceeded the limit at the time of driving—not at the time of testing. Consequently, if you consumed alcohol after an accident or after driving stopped, expert back-calculation evidence can demonstrate you were below the limit while actually driving. Therefore, this defence can be extremely powerful in borderline cases.

Yes. Section 5 Road Traffic Act 1988 convictions carry a mandatory minimum 12-month driving ban (or 36 months for repeat offenders within 10 years). Moreover, courts have no discretion to reduce this ban unless you prove "special reasons"—which are extremely difficult to establish and rarely succeed. Therefore, the only reliable way to keep your licence is to avoid conviction altogether through robust legal defence from drink driving borderline cases solicitors.

Unfortunately, drink driving convictions cause severe insurance increases. Specifically:

• Premiums typically increase by 200-500%
• Many mainstream insurers refuse cover entirely
• You'll need specialist convicted driver insurance
• Higher premiums continue for at least 5 years
• Total additional cost typically ranges from £5,000-£15,000+ over 5 years

Consequently, the financial cost of conviction far exceeds the cost of expert legal representation.

All three measure alcohol levels in different bodily substances:

• Breath: 35µg per 100ml (most common evidential test)
• Blood: 80mg per 100ml (more accurate, harder to challenge)
• Urine: 107mg per 100ml (least common, least reliable)

Moreover, breath tests are taken at police stations using Home Office approved devices. Blood tests require medical professionals and laboratory analysis. Urine tests involve providing two samples with specified time gaps between them.

A drink driving conviction remains:

• 11 years on your driving record (must declare to insurers during this period)
• 5 years on your criminal record before becoming "spent" (under Rehabilitation of Offenders Act 1974)

Moreover, certain jobs require disclosure of spent convictions, particularly roles involving trust, children, or vulnerable adults.

A conviction can restrict international travel. Specifically:

• USA: May refuse visa applications for "crimes of moral turpitude"
• Canada: Makes you "inadmissible"—special permission required
• Australia: Character concerns may affect visa applications
• UAE and Gulf states: May refuse entry for criminal convictions

Therefore, a conviction can significantly impact work and leisure travel.

No. Borderline drink driving cases involve complex technical and legal issues that require specialist expertise. Moreover, the penalties of conviction (12-month ban minimum, massive insurance increases, criminal record, potential job loss) far exceed the cost of expert legal representation. Consequently, instructing specialist drink driving borderline cases solicitors dramatically improves your chances of acquittal while being financially sensible.

Immediately—as soon as you're charged or even before if you expect charges. Specifically, early instruction of drink driving borderline cases solicitors allows us to:

• Preserve crucial evidence before it's lost
• Obtain medical records promptly
• Challenge procedures while memories are fresh
• Request disclosure early
• Instruct expert witnesses with adequate time

Moreover, details about what you consumed, ate, and when become harder to recall accurately as time passes. Therefore, don't wait—contact us now.

At the police station, you'll typically:

• Be processed by the custody sergeant
• Have your rights explained under PACE Code C
• Be observed for 20 minutes before evidential testing
• Provide two evidential breath samples on an approved device
• Be charged if readings exceed the legal limit
• Be released on bail or released under investigation

Moreover, you have the right to free legal advice at the police station—always exercise this right.

Typically:

• First court appearance: 4-8 weeks after charge
• Trial date (if not guilty plea): 8-16 weeks after first appearance
• Total duration: 3-6 months typically

However, complex cases involving expert witnesses may take longer. Moreover, courts are subject to backlogs and delays.