Drink Driving Penalties Solicitors | Expert Defence UK

Expert drink driving penalties solicitors. 98% success rate defending drink drive cases nationwide. Avoid bans, fines & prison. Free consultation. Call 0161 660 6050

High

Client’s Success

0

Successful Cases

Start Today

Enter your details below for a free initial call.

High Success Rate
No Hidden Charges
A Truly Personal Touch
Language Support
Drink Driving Penalties Solicitors: Expert Legal Defence to Minimize Consequences

Being convicted of drink driving carries severe penalties that can devastate your life—mandatory driving bans, substantial fines, community orders, and even imprisonment. At Scarsdale Solicitors, we are expert drink driving penalties solicitors who specialize in defending people charged with drink driving offences across England and Wales, with a proven 98% success rate in motoring offence cases. Moreover, our drink driving penalties solicitors have successfully defended hundreds of clients, helping them avoid convictions or significantly reduce sentences.

Understanding what penalties you face is crucial. Specifically, if you’re facing a drink driving charge, the consequences extend far beyond losing your licence. Therefore, getting expert legal advice immediately can make the difference between keeping your livelihood and facing life-changing penalties.

Importantly, our drink driving penalties solicitors led by Shazia Ali bring over 20 years of specialist experience in road traffic law. Furthermore, we know exactly how to challenge prosecutions, identify legal defences, and present powerful mitigation to minimize sentences.

Request a Call Back

Fill in your name and telephone number and we will call you back.
Rest assured all data transferred on scarsdalesolicitors.com is secured using a trusted SSL Certificate.

In compliance with the UK Sanctions Regime, we are prohibited from working with any sanctioned individuals or anyone linked to a sanctioned individual, or business. We therefore will carry out due diligence checks upon receiving your request against your name and nationality.

Are you a parent inquiring for a child?

Did you get breath reading?

Do you have date of hearing?

Skip the Receptionist

When to call you back?

Opening Hours: Mon - Fri: 9am to 5pm and Sat - Sun: 10am to 7pm

We are usually available within an hour's response time on weekdays from 9am until 5pm and at weekends and bank holidays 10am until 7pm. If requesting a call back outside of these hours, please note we will call you upon the office opening unless you specify a preferred time of call.

Important Note: Whilst we welcome call back requests from genuine enquirers, please note that in the event of this form being used for "prank requests" your IP address will be noted and improper use of this form will result in your IP address being reported to your ISP.

Accept our GDPR, Privacy Terms and Conditions

Understanding the Law: Section 7 Road Traffic Act 1988

Section 7 of the Road Traffic Act 1988 gives police the power to require a person to provide specimens for analysis during an investigation into whether they have committed an offence under sections 3A, 4, 5, or 5A of the Act. Our failing to provide a specimen solicitors have extensive knowledge of this legislation and how to challenge it.
The law requires that before any specimen is requested, the police must:

  • Have reasonable grounds to suspect you’ve been driving or attempting to drive  -while over the limit, or while unfit through drink or drugs
  • Provide you with a proper warning under Section 7(7) that failure to provide a specimen may render you liable to prosecution
  • Follow correct procedures under the Police and Criminal Evidence Act 1984 (PACE)

Under Section 7(3), a requirement to provide a specimen of blood or urine can only be made at a police station or hospital, and only in specific circumstances such as:

  • The officer has reasonable cause to believe that, for medical reasons a specimen of breath cannot or should not be required
  • A breath testing device is not available or not reliable
  • The device has not produced a reliable indication
    Even a minor procedural error by the police can form the basis of a strong legal defence.
proud-businesswoman-showing-her-report-on-Failing-to-Provide-a-Specimen

What Drink Driving Penalties Could You Face?

What Drink Driving Penalties Could You Face? Understanding the Sentencing Guidelines

The penalties for drink driving are set out in the Magistrates’ Court Sentencing Guidelines. Specifically, these guidelines determine the sentence based on several factors:

  • Your alcohol reading (breath, blood, or urine level)
  • Aggravating factors that increase sentence severity
  • Mitigating factors that may reduce the penalty
  • Your personal circumstances and previous convictions

According to the Sentencing Council guidelines, drink driving is a serious criminal offence carrying mandatory disqualification and potentially severe additional penalties. Moreover, the higher your reading, the more severe the consequences you face.

Importantly, the Magistrates’ Court uses a stepped approach to sentencing:

  1. Determine the offence category based on your alcohol level
  2. Identify the starting point and category range for sentences
  3. Consider aggravating and mitigating factors
  4. Apply any reduction for guilty plea (up to one-third credit)
  5. Impose ancillary orders including costs and victim surcharge

Furthermore, you can view the official Sentencing Council guidelines for drink driving offences at legislation.gov.uk to understand the framework courts use.

Alcohol Reading Levels and Corresponding Penalties

The severity of your penalty depends significantly on how far over the legal limit you were. Specifically, the legal limits in England and Wales are:

  • 35 micrograms (μg) of alcohol per 100 millilitres of breath
  • 80 milligrams (mg) of alcohol per 100 millilitres of blood
  • 107 milligrams (mg) of alcohol per 100 millilitres of urine

 

Low-Level Readings (35-51 μg in breath):

  • 12-month driving ban (minimum)
  • Band C fine (150% of weekly income)
  • Possible community order

 

Medium-Level Readings (52-87 μg in breath):

  • 17-22 month driving ban
  • Band C fine or community order
  • Low-level community requirement (40-80 hours unpaid work)

 

High-Level Readings (88-119 μg in breath):

  • 23-28 month driving ban
  • Medium-level community order (80-150 hours unpaid work) or custody threshold
  • Possible short custodial sentence

 

Very High Readings (120+ μg in breath):

  • 29-36 month driving ban
  • High-level community order (150-300 hours unpaid work) or custody
  • Up to 6 months imprisonment

Therefore, challenging your prosecution or presenting strong mitigation becomes absolutely critical when facing these penalties. Our drink driving penalties solicitors excel at both.

Drink Driving Disqualification Penalties

Drink Driving Disqualification: The Mandatory Ban You Face

We need to be completely honest when advising about drink driving penalties. If you’re convicted of drink driving, the minimum penalty you will receive is a 12-month disqualification. Moreover, this ban is mandatory under Section 5 of the Road Traffic Act 1988.

Importantly, this means that even with expert legal representation, if you plead guilty or are found guilty, you cannot avoid this minimum ban through standard mitigation. Therefore, your personal circumstances, employment needs, or family responsibilities cannot reduce the mandatory 12-month disqualification.

However, there are three crucial exceptions:

  1. Defending the charge successfully – If our drink driving penalties solicitors secure a not guilty verdict, you face no ban whatsoever
  2. Special Reasons arguments – Specific legal circumstances that allow the court to not impose disqualification despite conviction
  3. Drink Drive Rehabilitation Course – Completing this reduces your ban by up to 25%

When Disqualification Starts

The disqualification begins immediately upon conviction or guilty plea. Specifically, once the court convicts you or you enter a guilty plea:

  • The ban takes effect that day
  • You must surrender your licence immediately
  • You cannot drive from that moment forward
  • Driving while disqualified is a separate serious criminal offence

Furthermore, even if your case is adjourned for sentencing (for probation reports or other penalties to be considered), the disqualification still starts on the day of conviction.

Second Drink Driving Offence Penalties: Minimum 3-Year Ban

If this is your second drink driving conviction within a 10-year period, the consequences become dramatically more severe. Specifically, the minimum penalty increases to a 3-year disqualification.

Moreover, the ban may be the least of your concerns. Therefore, depending on how recent your previous conviction was, the court will almost certainly consider:

  • Community orders with substantial unpaid work requirements (150-300 hours)
  • Custodial sentences (imprisonment) if the repeat offence occurred within 3 years of the previous conviction
  • Higher fines reflecting the repeat nature of the offending
  • Extended rehabilitation course requirements

Consequently, if you have a previous drink driving conviction, securing expert legal representation from experienced drink driving penalties solicitors becomes absolutely essential. Furthermore, our team has successfully defended numerous repeat offence cases, achieving not guilty verdicts that avoid these devastating consequences entirely.

Can the Court Ban You Before Trial? Interim Disqualifications

It is extremely rare for magistrates’ courts to impose interim disqualifications pending trial. Specifically, the principle “innocent until proven guilty” applies throughout criminal proceedings.

Therefore, unless there are serious concerns about a driver’s health (such as evidence of blackouts, seizures, or medical conditions affecting driving ability), the court will not impose any penalty before conviction. Moreover, you retain your full driving privileges until the case concludes.

However, our drink driving penalties solicitors advise that if you’ve been charged with drink driving:

  • Do not drive if you have any concerns about your fitness to drive
  • Seek medical advice if health issues contributed to the incident
  • Preserve evidence that supports your defence immediately

Financial Penalties - Fines, Costs, and Surcharges

Drink Driving Fines: How Much Will You Pay?

Beyond the driving ban, drink driving convictions carry substantial financial penalties. Specifically, these include the fine itself, prosecution costs, and victim surcharges.

The Drink Driving Fine Amount

There is no maximum fine for drink driving offences in magistrates’ courts. However, the fine imposed is calculated based on your income using a specific formula:

Fine Calculation: Typically 150% of your weekly net income (one and a half weeks’ earnings)

Importantly, the court requires you to complete a Statement of Means form (MC100) disclosing your:

  • Weekly or monthly income
  • Regular outgoings and expenses
  • Assets and savings
  • Dependent children and financial responsibilities

Critical Warning: It is a criminal offence to provide false information on the MC100 form. Moreover, if you refuse to disclose your financial information, the court will assume you can afford the maximum fine and impose a substantially higher penalty.

Furthermore, the court may allow time to pay depending on your financial circumstances. Additionally, payment plans can typically be arranged for larger fines.

Court Costs You Must Pay

In addition to the fine, if convicted you must pay the prosecution’s costs. Specifically, these vary depending on whether you plead guilty early or defend the case:

Early Guilty Plea Costs:

  • £85-£100 typically

Summary Guilty Plea Costs:

  • £105-£160 depending on case complexity

After Trial (if convicted):

  • £620-£930 depending on trial length and complexity

Therefore, the financial consequences of conviction extend well beyond the fine itself. Moreover, these costs are mandatory and must be paid in addition to all other penalties.

Victim Surcharge: The Mandatory Additional Payment

The Victim Surcharge is a mandatory payment introduced in 2007 that funds victim services. Specifically, revenue raised goes to the Victim and Witness General Fund supporting various victim support organizations.

Victim Surcharge Amounts:

Sentence Type

Surcharge Amount

Conditional discharge

£15

Fine

10% of fine value (minimum £20, maximum £120)

Community sentence

£60

Custodial sentence (up to 6 months)

£80

Custodial sentence (6 months to 2 years)

£100

Importantly, this surcharge is added to all other financial penalties and cannot be waived. Furthermore, it must be paid even if you receive a fine payment plan.

Total Financial Cost Example:

For a medium-level drink driving conviction (52-87 μg breath):

  • Fine: £450 (based on £300 weekly income)
  • Prosecution costs: £85 (guilty plea)
  • Victim surcharge: £45 (10% of fine)
  • Total: £580

Therefore, the complete financial impact of conviction is substantial. Consequently, avoiding conviction through expert legal defence from our drink driving penalties solicitors delivers significant financial savings alongside protecting your licence.

Drink Drive Rehabilitation Course

Drink Drive Rehabilitation Course: Reduce Your Ban by Up to 25%

If convicted and banned, you may be offered the opportunity to complete a Drink Drive Rehabilitation Course (DDRC). Importantly, successful completion can reduce your disqualification period by up to 25%.

Example Reductions:

  • 12-month ban reduced to 9 months (3-month reduction)
  • 18-month ban reduced to 13.5 months (4.5-month reduction)
  • 24-month ban reduced to 18 months (6-month reduction)
  • 36-month ban reduced to 27 months (9-month reduction)

Therefore, completing the course can significantly shorten your disqualification period, allowing you to return to driving sooner.

Key Points About the Drink Drive Rehabilitation Course:

  • You must agree to attend at the time of sentencing for the reduction to apply
  • The course is typically 16-28 hours delivered over several sessions or a residential weekend
  • You must pay the course fee (typically £150-£250 depending on provider)
  • The course must be DVSA-approved
  • You must complete the course before the reduction takes effect

Moreover, the course content includes:

  • Education about alcohol’s effects on driving ability
  • Understanding the risks and consequences of drink driving
  • Behavioral change techniques
  • Support for alcohol problems if needed

Furthermore, completion certificates are sent directly to the DVLA. Therefore, your ban is automatically reduced once you successfully finish the course.

Impact on Insurance After Drink Driving Conviction

How Will Drink Driving Affect Your Car Insurance?

A drink driving conviction has devastating consequences for your car insurance. Specifically, you’ll face:

Dramatically Increased Premiums:

  • Insurance costs typically increase by 200-500% after drink driving conviction
  • A policy costing £500 annually could rise to £2,500-£3,000
  • You’ll be classified as a “high-risk driver” for at least 5 years

 

Difficulty Finding Coverage:

  • Many mainstream insurers refuse to cover drink driving convictions
  • You may need specialist convicted driver insurance brokers
  • Fewer insurance companies to choose from limits competitive pricing

 

Mandatory Disclosure Period:

  • You must declare the conviction for 5 years from the conviction date
  • Failure to declare is insurance fraud and voids your policy
  • Driving without valid insurance is a separate criminal offence carrying 6-8 penalty points

 

SR-22 or Equivalent Requirements:

  • Some insurers require proof of high-risk coverage
  • Additional documentation and monitoring
  • Extended reporting requirements

Therefore, the financial impact of a drink driving conviction extends many years beyond the initial fine and costs. Moreover, the total insurance cost over 5 years can easily exceed £10,000-£15,000 in additional premiums.

Consequently, avoiding conviction through expert defence from our drink driving penalties solicitors saves tens of thousands of pounds in insurance increases alone—making legal fees a fraction of the potential cost.

Employment Consequences of Drink Driving

How Will Drink Driving Conviction Affect Your Employment?

Beyond insurance and driving bans, drink driving convictions carry serious employment consequences. Specifically, you may face:

Job Roles Requiring Driving

Immediate Job Loss:

  • HGV drivers, delivery drivers, sales representatives
  • Any role where driving is essential to your duties
  • Company car positions

Inability to Fulfill Duties:

  • Business development roles requiring client visits
  • Field service engineers and technicians
  • Home care workers and community nurses

Employer Discretion:

  • Some employers may accommodate with alternative duties temporarily
  • Others have zero-tolerance policies for motoring convictions
  • Charitable provision of company cars typically withdrawn

Professional Licenses and Registrations

Certain professions require disclosure of criminal convictions. Moreover, some have specific policies regarding drink driving:

  • Taxi and private hire drivers – Licensing authorities almost always revoke licenses
  • Teachers – Must disclose to Teaching Regulation Agency; may affect fitness to teach assessments
  • Healthcare professionals – Must disclose to regulatory bodies (GMC, NMC, etc.)
  • Legal professionals – Solicitors and barristers must report to SRA/Bar Council

Financial services – FCA-regulated individuals must disclose

Criminal Record Disclosure Requirements

Under the Rehabilitation of Offenders Act 1974, drink driving convictions:

  • Become “spent” after 5 years for adults (2.5 years if under 18)
  • Must be disclosed for 5 years on job applications that ask about unspent convictions
  • DBS checks (Disclosure and Barring Service) will show the conviction for 5 years
  • Enhanced DBS checks for certain roles may disclose convictions indefinitely

Therefore, employment prospects in certain sectors are significantly damaged by drink driving convictions. Moreover, international employment opportunities may be affected.

How Our Drink Driving Penalties Solicitors Protect Your Employment

Our priority is securing not guilty verdicts that result in no criminal record whatsoever. However, if conviction is unavoidable, we:

  1. Present employment evidence to the court demonstrating the impact of conviction
  2. Argue for the shortest possible disqualification through rehabilitation course offers
  3. Provide detailed reports you can share with employers explaining circumstances
  4. Advise on disclosure obligations and timing
  5. Prepare character references suitable for professional regulatory bodies

Moreover, we understand that protecting your employment protects your family’s wellbeing. Therefore, we fight vigorously to minimize employment consequences.

Why Choose Scarsdale Solicitors for Drink Driving Penalties Defence?

When facing drink driving penalties that could devastate your life, choosing the right legal team makes all the difference to your outcome.

98% Success Rate in Motoring Offence Cases

Our proven track record speaks for itself. Specifically, we’ve achieved a 98% success rate in motoring cases, successfully defending hundreds of drink driving clients across England and Wales.

Moreover, we’ve secured:

  • Not guilty verdicts in cases others said were impossible to defend
  • Special Reasons arguments avoiding disqualification despite conviction
  • Substantially reduced sentences through powerful mitigation
  • Cases withdrawn before reaching court through early intervention

Led by Shazia Ali – Over 20 Years Specialist Experience

Scarsdale Solicitors is led by Shazia Ali, who brings over 20 years of specialist experience in road traffic law. Specifically, Shazia’s expertise includes:

  • In-depth knowledge of drink driving legislation and procedure
  • Understanding of breathalyser and blood testing forensic science
  • Established relationships with expert witnesses and toxicologists
  • Proven court advocacy securing exceptional results

Furthermore, Shazia’s reputation among magistrates and judges ensures your case receives the serious attention it deserves.

We Understand the Technical Complexities

Drink driving cases involve intricate legal and technical details that generalist solicitors often miss. Our drink driving penalties solicitors have comprehensive knowledge of:

  • Road Traffic Act 1988 Section 5 legislation and all amendments
  • PACE Code C custody suite procedures and requirements
  • Breathalyser device specifications, calibration requirements, and potential failures
  • Forensic toxicology of alcohol metabolism and blood testing
  • Sentencing Council guidelines and effective mitigation strategies
  • Special Reasons case law and successful arguments

Therefore, we identify defences and opportunities that others overlook, maximizing your chances of avoiding conviction or minimizing penalties.

Transparent Pricing with No Hidden Costs

We believe in complete transparency about legal costs. Specifically:

Fixed Fees for Straightforward Cases:

  • Clear fixed fee quoted upfront for guilty plea and mitigation cases
  • No surprise additional charges
  • Comprehensive service included in fixed price

Clear Hourly Rates for Complex Matters:

  • Transparent hourly rates for trial cases
  • Regular updates on costs incurred
  • Estimated total costs provided at outset

Free Initial Consultation:

  • No-obligation free consultation for all potential clients
  • Honest assessment of your prospects
  • Clear explanation of likely costs

Payment Plans Available:

  • Flexible payment arrangements to suit your circumstances
  • Installment options for larger cases
  • No interest charges on payment plans

Therefore, you’ll never face unexpected legal bills, and we work with you to make expert representation affordable.

Personalized, Compassionate Service

We understand this is likely your first encounter with the criminal justice system. Moreover, the stress and fear you’re experiencing is completely understandable. Therefore, our drink driving penalties solicitors provide:

Clear, Jargon-Free Explanations:

  • We explain everything in plain English
  • No confusing legal terminology without explanation
  • Patient answers to all your questions

Regular Case Updates:

  • You’ll always know the status of your case
  • Proactive communication about developments
  • Accessible team who return calls promptly

Flexible Appointment Options:

  • Evening and weekend appointments available
  • Remote consultations via phone or video
  • In-person meetings at our Rochdale office or suitable locations

Multilingual Support:

  • Services available in English, Urdu, and Punjabi
  • Ensuring clear communication regardless of your first language
  • Cultural sensitivity and understanding

Rapid Response Times

Time is critical in drink driving cases. Therefore, we guarantee:

  • 30-minute call-back during office hours
  • 24/7 availability for urgent matters
  • Immediate case assessment upon instruction
  • Prompt evidence gathering while memories are fresh

Moreover, early instruction allows us to obtain crucial evidence, interview witnesses, and prepare the strongest possible defence before memories fade or evidence is lost.

Nationwide Representation

While based in Rochdale, our drink driving penalties solicitors represent clients throughout England and Wales. Specifically:

  • Appearances at all magistrates’ courts nationwide
  • Crown Court representation for appeal cases
  • Experience with courts across all regions
  • Understanding of different bench characteristics and approaches

Therefore, wherever in England or Wales you’re charged, we provide expert local representation.

Outstanding Client Reviews

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

  • Professional expertise delivering successful outcomes
  • Clear communication keeping them informed throughout
  • Successful case results exceeding expectations
  • Supportive approach during difficult times
  • Value for money with transparent, reasonable fees

Moreover, we’re proud that many clients come to us through recommendations from satisfied previous clients.

What to Do If You've Been Charged with Drink Driving
1

Step 1: Don't Panic - Help Is Available

This situation feels overwhelming, but you're not alone. Importantly:

  • Being charged does not mean you'll be convicted
  • Many clients facing similar circumstances have been completely acquitted
  • Expert legal representation makes a substantial difference to outcomes
  • Taking prompt action improves your prospects significantly

Therefore, while concern is natural, panic is counterproductive. Focus on taking the practical steps below.

2

Step 2: Contact Scarsdale Solicitors Immediately

The sooner we can review your case, the stronger your defence will be. Specifically, early instruction allows us to:

Preserve Crucial Evidence:

  • Obtain body-worn video footage before it's deleted (typically 30 days retention)
  • Access custody suite CCTV showing your cooperation with breath testing
  • Secure witness statements while memories are fresh
  • Photograph scene and vehicle if relevant

Challenge Police Procedures:

  • Review custody records for procedural errors
  • Obtain breathalyser device calibration certificates
  • Identify PACE breaches while evidence is accessible
  • Challenge evidence gathering methods

Obtain Medical Evidence:

  • Arrange medical examinations documenting relevant conditions
  • Obtain GP records showing asthma, GERD, or other relevant diagnoses
  • Secure specialist reports from respiratory or mental health experts
  • Document any reasonable excuse for failing to provide

Prepare the Strongest Defence:

  • Analyze all evidence for weaknesses in the prosecution case
  • Identify all available legal defences
  • Develop mitigation strategy if conviction appears likely
  • Prepare Special Reasons arguments where applicable

Contact Details:

  • Phone: +44 (0) 161 660 6050 (24/7 for urgent matters)
  • Email: info@scarsdalesolicitors.com
  • Website: www.scarsdalesolicitors.com
3

Step 3: Gather Your Documents

Collect all relevant paperwork and information. Specifically:

Essential Documents:

  • Notice of Intended Prosecution (NIP) - The initial charge notice
  • Court summons - Details of your hearing date and court location
  • Custody record - Your detention record from the police station
  • Breath, blood, or urine test printouts - Your alcohol reading results
  • MGDD Form - Police witness statement about the circumstances
  • Body-worn video disclosure - If already provided

Supporting Documents:

  • Medical records - GP records, hospital letters, prescriptions for inhalers or medications
  • Proof of emergency - If relevant to your case
  • Witness details - Names and contact information for anyone present
  • Photographs - Of the location, your vehicle, or anything relevant

Personal Information:

  • Driving licence - Your photocard and paper counterpart if you have one
  • Employment contract - Showing driving requirements if relevant
  • Character references - If conviction appears likely

Moreover, if you don't have all documents yet, don't delay contacting us. We can obtain most evidence through legal disclosure processes.

4

Step 4: Don't Discuss Your Case Publicly

This is extremely important: Avoid discussing your case details publicly. Specifically:

Do Not:

  • Post about your case on social media (Facebook, Twitter, Instagram, etc.)
  • Discuss circumstances with friends or family beyond your immediate support circle
  • Make admissions or statements about the incident online
  • Contact the prosecution witnesses or police officers involved

Why This Matters:

  • Social media posts can be used as evidence against you in court
  • Admissions made online undermine defence arguments
  • Contacting witnesses may be perceived as intimidation
  • Public discussions can be misinterpreted and harm your case

Do:

  • Discuss your case only with your solicitor (privileged communication)
  • Keep contemporaneous notes of your recollection of events
  • Write down witnesses' names and contact details
  • Preserve any evidence supporting your account
5

Step 5: Book Your Free Consultation with Our Drink Driving Penalties Solicitors

We offer a free, no-obligation initial consultation to all potential clients. During this consultation:

We Will:

  • Review your case circumstances in detail
  • Assess the evidence against you
  • Identify potential defences or mitigation available
  • Explain likely outcomes honestly and realistically
  • Quote fixed fees or estimated costs with complete transparency
  • Answer all your questions in clear, jargon-free language

You Will:

  • Understand your legal position clearly
  • Know what defences may apply to your case
  • Receive expert advice on pleading guilty or not guilty
  • Learn what to expect at each stage of proceedings
  • Make an informed decision about representation

Flexible Consultation Options:

  • Telephone consultations - Immediate availability
  • Video consultations - Face-to-face via Zoom or Teams
  • In-person meetings - At our Rochdale office
  • Evening and weekend appointments - To suit your schedule

To book your free consultation:

  • Call: +44 (0) 161 660 6050
  • Email: info@scarsdalesolicitors.com with your contact details and brief case summary
  • Online booking: Visit www.scarsdalesolicitors.com and complete our contact form
6

Step 6: Don't Make Any Court Plea Without Legal Advice

Never attend court and enter a plea without first obtaining expert legal advice. This cannot be emphasized enough.

Many people plead guilty at the first hearing thinking they have no choice, only to later discover strong defences existed that would have resulted in acquittal. However, once you've entered a guilty plea, it's extremely difficult to change it.

Before pleading:

  • Speak to our drink driving penalties solicitors
  • Review all evidence thoroughly
  • Understand what defences may apply
  • Consider Special Reasons arguments if defences don't apply
  • Obtain legal representation for your court hearing

Moreover, even if you ultimately decide to plead guilty, our involvement ensures:

  • You receive maximum sentence credit for guilty plea (one-third reduction)
  • We present powerful mitigation minimizing your sentence
  • You're offered the drink drive rehabilitation course where possible
  • The court understands your circumstances fully

Therefore, legal advice before pleading is essential to protecting your interests.

7

Our Areas of Expertise

We provide expert legal defense for a wide range of driving 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

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 Services

Furthermore, our drink driving defence includes specialist support for:

 

Drug Driving Services

Additionally, our drug driving expertise covers:

 

Failing To Offences

Moreover, we defend all “failing to” offences including:

 

Other Motoring Services

Consequently, our comprehensive motoring defence also includes:

 

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

Common Myths About Drink Driving Penalties - Don't Believe These Misconceptions

Myth 1: "I Have to Plead Guilty Because I Was Over the Limit"

Reality: Many defences exist even when your reading was over the limit. Our drink driving penalties solicitors regularly secure not guilty verdicts by:

  • Challenging device calibration and accuracy
  • Proving procedural failures by police
  • Demonstrating rising blood alcohol (you were under the limit while driving)
  • Establishing medical conditions affecting test results
  • Showing you weren’t driving or attempting to drive

Therefore, never assume you must plead guilty without first obtaining expert legal advice.

Myth 2: "Special Reasons Won't Work - They Never Do"

Reality: While Special Reasons arguments are challenging, they succeed regularly when presented properly. Moreover, our drink driving penalties solicitors have extensive experience successfully arguing:

  • Spiked drinks with medical evidence
  • Genuine emergencies requiring driving
  • Very short distance driven in appropriate circumstances
  • Laced drinks stronger than reasonably believed

Furthermore, even if Special Reasons don’t succeed completely, they can result in reduced disqualification periods.

Myth 3: "I'll Get the Same Sentence Whether I Defend or Plead Guilty"

Reality: This is absolutely false. The differences are enormous:

Fighting and Winning:

  • No conviction – Clean record maintained
  • No disqualification – Keep your licence
  • No fine – No financial penalties
  • No insurance increases – Premiums unchanged
  • No employment impact – Job security protected

Pleading Guilty:

  • Criminal conviction on your record for 5 years
  • Minimum 12-month driving ban (often longer)
  • Substantial fine (typically 1.5 weeks’ income)
  • Insurance increases of 200-500% for 5+ years
  • Potential employment loss

Moreover, even if convicted after trial, you can still present mitigation reducing the sentence. Additionally, one-third sentence credit for early guilty plea doesn’t compensate for the conviction itself.

Therefore, fighting your case when defences exist is absolutely worthwhile.

Myth 4: "I Can't Afford a Solicitor"

Reality: You cannot afford NOT to have expert representation. Consider:

Legal Fees:

  • Fixed fees for straightforward cases (typically £1,500-£3,000)
  • Payment plans available spreading costs
  • Free initial consultation

Cost of Conviction:

  • 12-month minimum driving ban (potential job loss)
  • Insurance increases: £10,000-£15,000 over 5 years
  • Fine: £300-£1,000+
  • Employment loss: Potentially £20,000-£50,000+ in lost income
  • Professional license impacts

Therefore, legal fees represent a fraction of the potential cost of conviction. Moreover, successful defence pays for itself many times over.

Myth 5: "Breathalysers Are Always Accurate"

Reality: Breathalyser devices can and do malfunction regularly. Specifically:

  • Devices require precise calibration every 6 months
  • Environmental factors affect accuracy (temperature, humidity)
  • Medical conditions produce false elevated readings (GERD, diabetes, dental issues)
  • Residual mouth alcohol from medications skews results
  • Device maintenance failures compromise accuracy
  • Operator error in administering tests

Moreover, our drink driving penalties solicitors successfully challenge device accuracy by:

  • Obtaining calibration certificates showing missed maintenance
  • Instructing expert witnesses on device limitations
  • Demonstrating medical conditions affecting results
  • Proving improper testing procedures

Therefore, breathalyser results are not infallible and can be successfully challenged.

Myth 6: "The Police Always Follow Proper Procedures"

Reality: Police procedural errors occur frequently. Our drink driving penalties solicitors regularly identify:

  • Statutory warnings under Section 7(7) not given properly or at all
  • Insufficient time provided to give specimens
  • PACE Code C breaches in custody suites
  • Unlawful arrests or detention
  • Evidence obtained improperly
  • Inadequate explanations of testing procedures

Moreover, even minor procedural errors can result in evidence being excluded and cases dismissed. Therefore, thorough review of police procedures is essential.

Myth 7: "I Can Represent Myself to Save Money"

Reality: Self-representation in drink driving cases almost always leads to poor outcomes. Specifically:

Legal Complexity:

  • Road Traffic Act legislation is highly technical
  • Case law interpretation requires legal training
  • Procedural rules are complex and strictly enforced

Evidence Analysis:

  • Recognizing device calibration issues requires expertise
  • Understanding forensic science behind testing
  • Identifying procedural failures needs experience

Court Advocacy:

  • Cross-examining police officers effectively requires skill
  • Presenting legal submissions persuasively
  • Navigating sentencing guidelines

Moreover, the consequences of conviction are too serious to risk inadequate representation. Therefore, professional legal advice dramatically improves outcomes.

Myth 8: "I Won't Go to Prison for a First Offence"

Reality: While imprisonment is rare for first offences, it is possible for very high readings. Specifically:

  • Readings above 120 μg breath place you in the custody threshold category
  • Aggravating factors increase imprisonment risk
  • Previous convictions for any offences increase custody likelihood

However, our drink driving penalties solicitors have helped 99%+ of clients avoid imprisonment through expert mitigation, even in very high reading cases.

Serving Clients Across 170+ UK Locations

Expert legal services in major cities, towns, and boroughs throughout England and Wales.

North West England

Yorkshire & Humber

North East England

East of England

South West England

Frequently Asked Questions

The minimum disqualification for drink driving is 12 months under Section 5 of the Road Traffic Act 1988. Moreover, this is a mandatory minimum that cannot be reduced through standard mitigation. However, Special Reasons arguments may avoid disqualification entirely, and completing a Drink Drive Rehabilitation Course can reduce the ban by up to 25%.

Yes, in three ways:

  • Successful defence resulting in not guilty verdict - No conviction means no ban
  • Special Reasons arguments - Specific legal circumstances allowing the court to not impose disqualification despite conviction
  • Exceptional circumstances - Very rare, but possible in extraordinary situations

Therefore, never assume a ban is inevitable without first consulting experienced drink driving penalties solicitors.

The conviction remains on your:

  • Driving record: 11 years from the date of conviction
  • Criminal record: 5 years (becomes "spent" under the Rehabilitation of Offenders Act 1974) for adults, or 2.5 years if under 18
  • DBS checks: 5 years for standard checks
  • Insurance disclosure: 5 years from conviction date

Therefore, the conviction has long-lasting consequences affecting employment, insurance, and travel.

No. Imprisonment is rare for drink driving cases. Specifically, custodial sentences are typically imposed only when:

  • Very high readings (typically 120 μg breath or above)
  • Repeat offences within 3 years of previous conviction
  • Multiple serious aggravating factors present
  • Other concurrent offences committed

Moreover, our drink driving penalties solicitors have helped 99%+ of clients avoid prison through expert mitigation, even in serious cases. Furthermore, suspended sentences may be imposed rather than immediate custody.

Special Reasons are specific legal circumstances related to the offence itself that allow the court to not impose mandatory disqualification despite conviction. Common examples include:

  • Spiked drinks consumed without your knowledge
  • Genuine emergencies requiring immediate driving
  • Very short distances driven in appropriate circumstances
  • Drinks stronger than reasonably believed

Importantly, Special Reasons are NOT personal mitigation like employment needs or family hardship. Moreover, medical evidence and witness testimony are typically required to prove Special Reasons.

This depends on your job. Specifically:

  • Roles requiring driving - Very difficult; may result in dismissal
  • Roles where driving is helpful but not essential - Employer may accommodate with alternative duties
  • Non-driving roles - No direct impact on employment

However, the criminal conviction itself may affect certain professions requiring disclosure. Therefore, early legal advice from our drink driving penalties solicitors can help protect your employment.

Insurance premiums typically increase by 200-500% after drink driving conviction. Specifically:

  • A policy costing £500 annually could rise to £2,500-£3,000
  • You'll need specialist convicted driver insurance
  • The conviction affects premiums for at least 5 years
  • Total additional cost over 5 years: £10,000-£15,000+

Therefore, avoiding conviction saves tens of thousands of pounds in insurance costs alone.

Never plead guilty without first obtaining expert legal advice. Many clients believe they must plead guilty, only to discover our drink driving penalties solicitors have identified strong defences resulting in acquittals.

Moreover, we offer a free initial consultation to assess your case. Therefore, there's no reason to plead guilty without first understanding what defences may apply.

The Drink Drive Rehabilitation Course (DDRC) is a DVSA-approved program that, upon completion, reduces your driving ban by up to 25%. Specifically:

  • Must be offered by the court at sentencing
  • Must be accepted at the time of sentencing
  • Typically costs £150-£250
  • Involves 16-28 hours over several sessions
  • Reduces a 12-month ban to 9 months, 18 months to 13.5 months, etc.

Our drink driving penalties solicitors ensure the course is offered where possible.

No. UK driving disqualifications prevent you from driving anywhere in the world. Moreover, attempting to drive abroad using an international or foreign licence while banned in the UK is illegal and can result in:

  • Additional criminal charges
  • Extended disqualification
  • Imprisonment
  • Difficulties with future visa applications

Second drink driving convictions within 10 years carry:

  • Minimum 3-year disqualification (instead of 12 months)
  • Much higher risk of custody if within 3 years of first conviction
  • Substantial community orders (150-300 hours unpaid work)
  • Higher fines reflecting repeat offending

Therefore, if you have a previous conviction, securing expert representation becomes absolutely critical.

As soon as possible after being charged. Early instruction allows us to:

  • Preserve evidence before it's deleted or lost
  • Interview witnesses while memories are fresh
  • Obtain medical evidence promptly
  • Prepare the strongest possible defence
  • Identify procedural errors early

Moreover, waiting until just before your court date significantly reduces our ability to help you effectively.

Yes. While our office is in Rochdale, our drink driving penalties solicitors represent clients throughout England and Wales in all magistrates' courts and Crown Courts. Moreover, we're experienced with courts across all regions.

We offer:

  • Free initial consultation for all potential clients
  • Fixed fees for straightforward guilty plea and mitigation cases
  • Clear hourly rates for trial cases with estimated total costs provided
  • Payment plans to suit your circumstances

Moreover, costs are always explained transparently before you instruct us. Additionally, our fees represent a fraction of the cost of conviction (insurance increases, employment loss, etc.).

Don't Face This Alone. Contact Scarsdale Solicitors Today

A conviction for failing to provide can have life-changing consequences. You could lose your licence, your job, face imprisonment, and carry a criminal record. But with expert legal defence, many cases result in complete acquittals.
At Scarsdale Solicitors, we’ve helped hundreds of clients successfully defend failing to provide charges across England and Wales. Our 98% success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands.
Don’t assume you have no choice but to plead guilty. Never risk representing yourself. You do not wait until it’s too late.
Contact us today for a free and confidential consultation.

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.
Document

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

Sherri Cronin

Dynamic Program Designer