Notice of Intended Prosecution (NIP)
Initially, you'll receive formal notification of the intended prosecution. Moreover, you must respond within 28 days confirming the driver's identity.
Drink Driving Breath Solicitors | High Success Rate UK
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Drink Driving Breath Solicitors: Expert Defence Against Breathalyser Charges
Being charged with drink driving based on a breath test can threaten your licence, livelihood, and future. At Scarsdale Solicitors, we are specialist drink driving breath solicitors who defend drivers accused of exceeding the breath alcohol limit across England and Wales. Moreover, our proven high success rate in motoring offence cases demonstrates our expertise in challenging breathalyser evidence and police procedures.
Specifically, our drink driving breath solicitors have successfully defended hundreds of breath test cases. Furthermore, we understand that breath testing procedures are notoriously complex, and even minor procedural errors can secure your acquittal. Therefore, early legal advice from experienced drink driving breath solicitors is crucial to protecting your driving licence.
What is Drink Driving by Breath?
Drink driving by breath is an offence under Section 5 of the Road Traffic Act 1988. Specifically, it occurs when a driver operates a vehicle with breath alcohol exceeding the legal limit. Moreover, the offence is complete even if your driving was perfect and no accident occurred.
The UK Breath Alcohol Limit
According to UK drink drive legislation, the legal breath alcohol limit in England and Wales is:
- 35 micrograms (µg) of alcohol per 100 millilitres (ml) of breath
Importantly, if you provide a breath specimen of 36µg or above, you exceed the legal limit and face prosecution. Furthermore, the police have discretion not to charge you if your reading is between 36-39µg (the “statutory option” range), although many police forces still prosecute readings of 40µg and above.
The Two-Stage Breath Testing Process
The breath testing process involves two distinct stages:
Stage 1: Roadside Preliminary Breath Test (Section 6 RTA 1988)
Initially, police conduct a roadside screening breath test using a handheld device. Moreover, this preliminary test indicates whether you may be over the limit. However, roadside test results are NOT admissible as evidence in court.
Stage 2: Evidential Breath Test at Police Station (Section 7 RTA 1988)
Subsequently, if you fail the roadside test, you’ll be arrested and taken to a police station for an evidential breath test. Specifically, this test uses an approved evidential breath testing device. Therefore, this evidential reading forms the basis of any prosecution against you.
Our drink driving breath solicitors thoroughly examine both stages to identify procedural errors and technical defences.
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Penalties for Drink Driving Breath Offences
The consequences for a breath test drink driving conviction are severe and life-changing. According to the Magistrates’ Court Sentencing Guidelines, drink driving breath solicitors can help you understand and potentially avoid these penalties:
Penalties for Driving or Attempting to Drive
Imprisonment
- Up to 6 months imprisonment
Financial Penalties
- Unlimited fine (previously up to £5,000 before the limit was removed)
Driving Disqualification
- Mandatory minimum 12-month driving ban
- 36-month minimum ban if you have a previous drink driving conviction within 10 years
- Typical bans range from 12-36 months depending on breath reading level
Criminal Record
- Permanent criminal record affecting employment, insurance, and international travel
Sentencing Guidelines by Breath Reading
The Sentencing Council guidelines recommend different starting points based on your breath alcohol level:
High Breath Readings (90µg and above)
- Category A offence (highest culpability)
- Starting point: High level community order or custody
- Disqualification: 23-28 months (36 months minimum if previous conviction)
Medium Breath Readings (60-89µg)
- Category B offence
- Starting point: Medium level community order
- Disqualification: 17-22 months
Low Breath Readings (40-59µg)
- Category C offence (lowest culpability)
- Starting point: Band C fine
- Disqualification: 12-16 months
Importantly, these are starting points only. Moreover, aggravating and mitigating factors significantly affect the final sentence. Therefore, experienced drink driving breath solicitors present powerful mitigation to minimize penalties.
Aggravating Factors That Increase Sentences
According to the Sentencing Council, several factors can result in harsher penalties:
- Previous convictions for drink or drug driving offences
- Being involved in an accident, especially causing injury or damage
- Poor or erratic driving observed by police
- Carrying passengers, particularly children
- Driving for hire (taxi drivers, delivery drivers)
- Driving large goods vehicles (LGV/HGV)
- Driving in high-risk areas such as near schools
- Attempting to avoid detection or apprehension
- Driving without insurance or while disqualified
Mitigating Factors That Reduce Sentences
Conversely, these factors may reduce your sentence:
- No previous convictions or no relevant/recent convictions
- Genuine emergency necessitating driving
- Low breath reading (particularly 40-50µg)
- Spiked drinks (if you can prove this)
- Very short distance driven
- Remorse and early guilty plea
- Positive good character references
Our drink driving breath solicitors excel at presenting compelling mitigation to minimize your sentence and ban length.
Proven Defences for Breath Test Cases
Proven Defences for Drink Driving Breath Cases
Imprisonment
- Up to 6 months imprisonment
Financial Penalties
- Unlimited fine (previously up to £5,000 before the limit was removed)
Driving Disqualification
- Mandatory minimum 12-month driving ban
- 36-month minimum ban if you have a previous drink driving conviction within 10 years
- Typical bans range from 12-36 months depending on breath reading level
Criminal Record
- Permanent criminal record affecting employment, insurance, and international travel
Sentencing Guidelines by Breath Reading
The Sentencing Council guidelines recommend different starting points based on your breath alcohol level:
High Breath Readings (90µg and above)
- Category A offence (highest culpability)
- Starting point: High level community order or custody
- Disqualification: 23-28 months (36 months minimum if previous conviction)
Medium Breath Readings (60-89µg)
- Category B offence
- Starting point: Medium level community order
- Disqualification: 17-22 months
Low Breath Readings (40-59µg)
- Category C offence (lowest culpability)
- Starting point: Band C fine
- Disqualification: 12-16 months
Importantly, these are starting points only. Moreover, aggravating and mitigating factors significantly affect the final sentence. Therefore, experienced drink driving breath solicitors present powerful mitigation to minimize penalties.
Aggravating Factors That Increase Sentences
According to the Sentencing Council, several factors can result in harsher penalties:
- Previous convictions for drink or drug driving offences
- Being involved in an accident, especially causing injury or damage
- Poor or erratic driving observed by police
- Carrying passengers, particularly children
- Driving for hire (taxi drivers, delivery drivers)
- Driving large goods vehicles (LGV/HGV)
- Driving in high-risk areas such as near schools
- Attempting to avoid detection or apprehension
- Driving without insurance or while disqualified
Mitigating Factors That Reduce Sentences
Conversely, these factors may reduce your sentence:
- No previous convictions or no relevant/recent convictions
- Genuine emergency necessitating driving
- Low breath reading (particularly 40-50µg)
- Spiked drinks (if you can prove this)
- Very short distance driven
- Remorse and early guilty plea
- Positive good character references
Our drink driving breath solicitors excel at presenting compelling mitigation to minimize your sentence and ban length.
Proven Defences for Drink Driving Breath Cases
Our experienced drink driving breath solicitors explore every potential defence to challenge breathalyser evidence. Importantly, breath testing procedures are highly technical and complex, creating numerous opportunities for successful defence.
Challenging the Breath Testing Procedure
Breath testing devices must follow strict operational procedures. Moreover, even minor procedural breaches can render breath test results inadmissible. Our drink driving breath solicitors regularly succeed with these procedural challenges:
Improper Warning Given
Section 7(7) requires police to warn you that failure to provide may render you liable to prosecution. Specifically, this warning must be:
- Given clearly and unambiguously
- Provided before requiring the specimen
- In terms you can understand
Therefore, if the warning was absent, unclear, or given after you attempted to provide, this can invalidate the entire procedure.
Insufficient Observation Period
Police must observe you for at least 20 minutes before evidential testing to ensure:
- No consumption of alcohol
- No regurgitation or vomiting
- No use of mouth sprays or mouthwash
Consequently, if this observation period was not properly maintained, breath test results may be unreliable.
Device Not Properly Calibrated
Evidential breath testing devices require regular calibration and maintenance. Moreover, calibration records must be available for inspection. Therefore, if calibration was overdue or records unavailable, our drink driving breath solicitors challenge the device’s accuracy.
Inadequate Purge Procedure
Between breath samples, the device must “purge” to clear residual alcohol. Specifically, failure to allow proper purging can contaminate the second sample. Consequently, this procedural error undermines the reliability of results.
Medical Conditions Affecting Breath Tests
Certain medical conditions can artificially elevate breath alcohol readings. Importantly, our drink driving breath solicitors work with medical experts to demonstrate these conditions affected your results:
Gastroesophageal Reflux Disease (GERD/GORD)
GERD causes stomach contents to reflux into the mouth, potentially introducing “mouth alcohol” that inflates breath readings. Moreover, this mouth alcohol doesn’t reflect true blood alcohol levels.
Diabetes and Ketones
Diabetic ketoacidosis produces acetone on the breath. Furthermore, some breathalysers cannot distinguish between acetone and ethanol, potentially producing false positive results.
Respiratory Conditions
Asthma, COPD, and other lung conditions can affect breathing patterns and breath volume, potentially influencing breath test accuracy.
Dental Work and Dentures
Dental work, crowns, and dentures can trap alcohol in the mouth, artificially elevating breath readings through mouth alcohol contamination.
Therefore, medical evidence from your GP or specialist can provide a complete defence to breath test charges.
Can You Reduce Your Driving Ban?
Yes. If convicted, you may be offered the opportunity to complete a Drink Drive Rehabilitation Course (DDRC). Moreover, successful completion can reduce your disqualification by up to 25%.
How the Course Works
Course Eligibility
Not everyone is eligible for the course. Specifically:
- You must not have completed a DDRC in the previous 3 years
- The court must offer the course at sentencing
- You must agree to attend when the offer is made
Ban Reduction
Upon successful completion:
- Your ban can be reduced by up to 25% (typically 3 months on a 12-month ban)
- You pay course fees (approximately £150-£250)
- You must complete the course before the reduction applies
However, our priority as expert drink driving breath solicitors is to help you avoid conviction altogether through robust legal defence.
The Court Process for Drink Driving Breath Cases
Understanding what happens after being charged is crucial. Therefore, our drink driving breath solicitors guide you through each stage:
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2
Postal Charge and Requisition
Subsequently, you'll receive formal charge documents requiring you to attend Magistrates' Court. Specifically, these documents outline:
- The charge against you
- Your breath reading level
- The court date, time, and location
3
First Magistrates' Court Appearance
At your first court hearing, you'll be asked to enter your plea:
- Guilty Plea: If you plead guilty, the court proceeds immediately to sentencing. Moreover, you'll receive credit (typically one-third reduction) for an early guilty plea. However, before pleading guilty, always consult experienced drink driving breath solicitors to explore potential defences.
- Not Guilty Plea: If you plead not guilty, the court lists your case for trial. Additionally, the court may grant unconditional bail, impose bail conditions, or order disclosure of prosecution evidence.
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Pre-Trial Preparation
Between plea and trial, our drink driving breath solicitors:
- Obtain full prosecution disclosure (breath test printouts, custody records, CCTV, body-worn video)
- Identify procedural errors and technical defences
- Instruct medical experts or forensic toxicologists if needed
- Obtain witness statements supporting your defence
- Prepare cross-examination questions for police witnesses
5
Trial at Magistrates' Court
At trial, the prosecution must prove their case beyond reasonable doubt. Moreover, the trial process includes:
- Prosecution Evidence: The prosecution presents their evidence first including police officer testimony, evidential breath test printout, and CCTV footage
- Defence Cross-Examination: Our drink driving breath solicitors cross-examine prosecution witnesses to expose procedural errors and challenge device accuracy
- Defence Case: Subsequently, we present your defence including your testimony, medical expert evidence, and defence witnesses
- Legal Submissions: Finally, our drink driving breath solicitors make legal arguments explaining why the prosecution has not proved their case beyond reasonable doubt
6
Verdict and Sentencing
The magistrates retire to consider their verdict. Moreover:
- If Acquitted (Not Guilty): You walk away with no conviction, no ban, no criminal record. Additionally, you may recover some legal costs.
- If Convicted (Guilty): The court proceeds to sentencing. Specifically, our drink driving breath solicitors present powerful mitigation to minimize your disqualification period, avoid custody, reduce financial penalties, and secure the Drink Drive Rehabilitation Course offer.
What to Do If You've Been Charged with Drink Driving by Breath
1
Don't Panic
Being charged feels overwhelming, but with expert legal representation, many breath test cases result in acquittals. Moreover, being charged doesn't mean being convicted. Remember, the prosecution must prove their case beyond reasonable doubt.
2
Contact Drink Driving Breath Solicitors Immediately
The sooner we review your case, the stronger your defence will be. Specifically, contacting expert drink driving breath solicitors early allows us to:
- Preserve crucial evidence before it's lost or destroyed
- Identify procedural errors while events are fresh
- Obtain medical records promptly
- Challenge disclosure inadequacies
- Prepare the most effective defence strategy
3
Gather Your Documents
Collect all relevant paperwork:
- Breath test printout (MG DD/A form)
- Police custody record
- Postal charge and requisition
- Notice of Intended Prosecution
- Any correspondence from the police or CPS
- Medical records (especially relating to GERD, diabetes, respiratory conditions)
4
Don't Discuss Your Case Publicly
Avoid discussing case details on social media or with anyone except your solicitor. Importantly, anything you say publicly could potentially be used against you in court. Therefore, maintain confidentiality.
5
Don't Plead Guilty Without Legal Advice
Many people assume they must plead guilty if they blew over the limit. However, this is often wrong. Specifically, numerous defences exist even with readings over 35µg. Therefore, always consult drink driving breath solicitors before making this life-changing decision.
6
Book Your Free Consultation
Call us now on +44 (0) 161 660 6050 or book online for a confidential, no-obligation consultation. Moreover, we'll assess your case and explain your options clearly. Furthermore, we offer evening and weekend appointments for your convenience.
Other Practice & Services Areas
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven 98% success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Motoring Offences
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
- Drink Driving Solicitors – Expert defence for all drink driving charges
- Drug Driving Solicitors – Challenge drug test results and fight for your licence
- Careless Driving Solicitors – Defend careless and inconsiderate driving charges
- Failing to Provide Specimen Solicitors – Expert defence for refusal cases
- Totting Up Ban Solicitors – Exceptional hardship applications to save your licence
- Driving Without Insurance Solicitors – Challenge no insurance prosecutions
- Mobile Phone Driving Solicitors – Defend mobile phone offences
- Traffic Light Offence Solicitors – Challenge traffic signal prosecutions
- Driving Licence Offence Solicitors – Defend licence-related charges
- Licence After Ban Solicitors – Assist with licence applications post-disqualification
Drink Driving Services
Furthermore, our drink driving defence includes specialist support for:
- Drink Driving Blood Test – Contest blood sample procedures
- Drink Driving Urine Test – Defend urine sample cases
- Drink Driving High Readings – Defend serious high reading cases
- Drink Driving Borderline Cases – Fight cases near the legal limit
- Drink Driving Repeat Offenders – Defend repeat offence charges
- Drink Driving Hospital Cases – Specialist hospital procedure defence
- Drink Driving Limit – Expert advice on legal limits
- Drink Driving Sentencing Guidelines – Navigate sentencing procedures
- Drink Driving Penalties – Understand and minimize penalties
- Drink Driving Defences – Comprehensive defence strategies
- Drink Drive Rehabilitation Course – Access rehabilitation options
- Drink Driving Insurance Impact – Manage insurance consequences
- Drink Driving Employment Consequences – Protect professional status
Drug Driving Services
Additionally, our drug driving expertise covers:
- Drug Driving Cannabis THC – Challenge cannabis driving charges
- Drug Driving Cocaine BZE – Defend cocaine driving prosecutions
- Drug Driving Sentencing Guidelines – Navigate drug driving sentencing
Failing To Offences
Moreover, we defend all “failing to” offences including:
- Failing to Provide Specimen – Expert defence for refusal cases
- Failing to Furnish Information – Defend driver details offences
- Failing to Stop/Report Accident – Expert accident reporting defence
Other Motoring Services
Consequently, our comprehensive motoring defence also includes:
- Special Reasons Solicitors – Special reasons to avoid disqualification
- New Driver Offence Solicitors – Protect new driver licences
- Perverting Course of Justice – Defend serious perverting charges
- Police Station Representation – 24/7 custody representation
- Convicted in Absence – Challenge convictions made in your absence
Criminal Defence
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Immigration & Sponsorship
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Family Law & Divorce
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Get Expert Legal Help Today
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Email: info@scarsdalesolicitors.com
Why Choose Scarsdale Solicitors as Your Drink Driving Breath Solicitors?
When facing breathalyser charges, choosing the right legal team can make all the difference to your case outcome. Here’s why clients across England and Wales trust our drink driving breath solicitors:
Deep Technical Knowledge
Breath testing cases involve intricate technical and legal details. Therefore, our drink driving breath solicitors have in-depth knowledge of:
- Evidential breath testing device specifications and operation
- Breath testing procedures under Section 7 Road Traffic Act 1988
- PACE Code C requirements for custody procedures
- Medical conditions affecting breath test accuracy
- Forensic toxicology and back-calculation methods
- Sentencing guidelines and effective mitigation strategies
- Device calibration requirements and maintenance schedules
Transparent Pricing, No Hidden Costs
We offer:
- Fixed fees for straightforward cases
- Clear hourly rates for complex matters
- Free initial consultation for all clients
- Flexible payment plans to suit your circumstances
- No hidden costs
Personalised, Compassionate Service
We understand this is likely your first encounter with the criminal justice system. Therefore, our drink driving breath solicitors provide:
- Clear, jargon-free explanations of procedures and options
- Regular updates on case progress
- Evening and weekend appointments available
- Multilingual support (English, Urdu, Punjabi)
- Direct access to your dedicated solicitor
Rapid Response Times
Guaranteed call back within 30 minutes during office hours
24/7 availability for urgent matters
Immediate case assessment
Nationwide Representation
While based in Rochdale, our drink driving breath solicitors represent clients across England and Wales in all Magistrates’ Courts and Crown Courts. Moreover, distance is never a barrier to receiving our expert representation.
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
Serving Clients Across 170+ UK Locations
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
Major Cities
Major Cities
Major Cities
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
South East England
South East England
South East England
South East England
South East England
North West England
Yorkshire & Humber
Yorkshire & Humber
North East England
North East England
North East England
Midlands
Midlands
Midlands
Midlands
Midlands
Midlands
East of England
East of England
East of England
South West England
South West England
South West England
Other Practice & Services Areas
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven 98% success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Motoring Offences
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
- Drink Driving Solicitors – Expert defence for all drink driving charges
- Drug Driving Solicitors – Challenge drug test results and fight for your licence
- Careless Driving Solicitors – Defend careless and inconsiderate driving charges
- Failing to Provide Specimen Solicitors – Expert defence for refusal cases
- Totting Up Ban Solicitors – Exceptional hardship applications to save your licence
- Driving Without Insurance Solicitors – Challenge no insurance prosecutions
- Mobile Phone Driving Solicitors – Defend mobile phone offences
- Traffic Light Offence Solicitors – Challenge traffic signal prosecutions
- Driving Licence Offence Solicitors – Defend licence-related charges
- Licence After Ban Solicitors – Assist with licence applications post-disqualification
Drink Driving Services
Furthermore, our drink driving defence includes specialist support for
- Drink Driving Blood Test – Contest blood sample procedures
- Drink Driving Urine Test – Defend urine sample cases
- Drink Driving High Readings – Defend serious high reading cases
- Drink Driving Borderline Cases – Fight cases near the legal limit
- Drink Driving Repeat Offenders – Defend repeat offence charges
- Drink Driving Hospital Cases – Specialist hospital procedure defence
- Drink Driving Limit – Expert advice on legal limits
- Drink Driving Sentencing Guidelines – Navigate sentencing procedures
- Drink Driving Penalties – Understand and minimize penalties
- Drink Driving Defences – Comprehensive defence strategies
- Drink Drive Rehabilitation Course – Access rehabilitation options
- Drink Driving Insurance Impact – Manage insurance consequences
- Drink Driving Employment Consequences – Protect professional status
Drug Driving Services
Additionally, our drug driving expertise covers:
- Drug Driving Cannabis THC – Challenge cannabis driving charges
- Drug Driving Cocaine BZE – Defend cocaine driving prosecutions
- Drug Driving Sentencing Guidelines – Navigate drug driving sentencing
Failing To Offences
Moreover, we defend all “failing to” offences including:
- Failing to Provide Specimen – Expert defence for refusal cases
- Failing to Furnish Information – Defend driver details offences
- Failing to Stop/Report Accident – Expert accident reporting defence
Other Motoring Services
Consequently, our comprehensive motoring defence also includes:
- Special Reasons Solicitors – Special reasons to avoid disqualification
- New Driver Offence Solicitors – Protect new driver licences
- Perverting Course of Justice – Defend serious perverting charges
- Police Station Representation – 24/7 custody representation
- Convicted in Absence – Challenge convictions made in your absence
Criminal Defence
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Immigration & Sponsorship
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Family Law & Divorce
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Get Expert Legal Help Today
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Email: info@scarsdalesolicitors.com
Frequently Asked Questions About Breath Test Cases
The legal limit is 35 micrograms of alcohol per 100 millilitres of breath. Moreover, if you provide a specimen of 36µg or above, you exceed the limit and face prosecution. However, some police forces exercise discretion not to prosecute readings of 36-39µg.
Yes. The offence under Section 5 Road Traffic Act 1988 is based solely on breath alcohol exceeding 35µg, regardless of how you felt or drove. Therefore, subjective feelings of sobriety are irrelevant to the legal test.
No. Roadside preliminary breath tests are screening tests only and are NOT admissible as evidence in court. Instead, only the evidential breath test conducted at the police station using an approved device can be used to prosecute you.
Medical conditions can affect breath test accuracy and may provide a defence. Specifically, GERD can introduce mouth alcohol, while respiratory conditions affect breathing patterns. Therefore, our drink driving breath solicitors obtain medical evidence to support your defence.
Generally, no. The police decide which type of specimen to require. However, under Section 8 Road Traffic Act 1988, you can replace a breath reading of 50µg or less with blood or urine if you request it and the police agree. Moreover, this is called the "statutory option."
Large discrepancies between the two breath samples suggest device unreliability. Specifically, differences exceeding 15% raise serious concerns about accuracy. Therefore, our drink driving breath solicitors challenge device reliability when significant discrepancies exist.
Not necessarily. With strong legal representation from expert drink driving breath solicitors, many clients are acquitted completely. Moreover, even if convicted, exceptional hardship arguments may prevent disqualification in rare circumstances, though this is difficult for first-time drink driving offences.
Yes, if convicted and banned, you may be offered the Drink Drive Rehabilitation Course (DDRC). Moreover, successful completion reduces your ban by up to 25%. However, the course must be offered by the court at sentencing—you cannot request it later.
A drink driving conviction remains:
- On your driving licence for 11 years
- On your criminal record permanently (though it becomes "spent" after 5 years under the Rehabilitation of Offenders Act 1974)
Consequently, conviction affects employment, insurance, and international travel for years. Therefore, fighting the charge with expert drink driving breath solicitors is crucial.
Distance driven is irrelevant to guilt. Specifically, the offence is complete the moment you drive with excess alcohol, regardless of distance. However, short distance may be a mitigating factor reducing your sentence if convicted.
You can, but breath test cases are highly technical with serious consequences. Moreover, the penalties of conviction (ban, insurance costs, job loss, criminal record) far outweigh legal fees. Therefore, professional representation from experienced drink driving breath solicitors dramatically improves your chances of acquittal.
Typically, the prosecution evidence includes:
- Breath test printout (MG DD/A form)
- Police custody record
- Officer witness statements
- Body-worn video footage
- CCTV footage (if available)
- Arrest and detention notes
Our drink driving breath solicitors thoroughly examine all evidence to identify weaknesses and procedural errors.
Imprisonment is possible, particularly for high readings (90µg+) or where aggravating factors exist (accident causing injury, previous convictions, driving with passengers). However, custody is typically reserved for the most serious cases. Moreover, our drink driving breath solicitors present powerful mitigation to avoid custodial sentences.
Don't Face Breathalyser Charges Alone. Contact Scarsdale Solicitors Today
A breath test drink driving conviction can devastate your life—losing your licence, your job, facing imprisonment, and carrying a criminal record. However, with expert legal defence from experienced drink driving breath solicitors, many cases result in complete acquittals.
At Scarsdale Solicitors, we’ve helped hundreds of clients successfully defend breath test charges across England and Wales. Moreover, our 98% success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands.
Testimonials
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
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