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How to get off a Drink Driving Charge

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The consequences of a drink driving charge can be extremely serious. Therefore, it’s only understandable that you may be wondering how to get off a drink driving charge if you find yourself in such a situation.

While you should not expect there to be any legal loopholes or methods which enable you to avoid being charged for drink driving (especially if a compelling case has been built against you), working with a specialist in these types of charges can help to ensure you have the strongest possible defence.

We discuss how you might avoid a drink driving charge in the following article, the potential penalties you could face and the possible defences that may be available.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need detailed advice about your case, please get in touch and our team can advise you.

Is drink driving an instant ban?

Yes, if you are found guilty of drink driving, this carries an automatic driving disqualification of at least 12 months. The period of disqualification will be extended to three years if you have received a previous conviction for drink driving in the previous 10 years.

In some cases, the court may be prepared to offer a “Drink Drive Rehabilitation Course” as an alternative drink driving charge. This could result in up to a quarter of a period of disqualification being taken off.

How long is a drink driving ban?

As mentioned above, the ban length for drink driving will be a minimum ban of 12 months, or 36 months if you have received a previous drink driving conviction in the past 10 years.

Can you go to prison for drink driving?

Yes, you could face a prison sentence in addition to being banned for drink driving. The maximum prison sentence you could receive for drink driving is six months’ imprisonment.

How do you get off a drink driving charge?

There is no automatic way to ‘get off’ a drink driving charge, especially if there is evidence to prove that you were under the influence of alcohol while driving a car (such as the results of a breathalyser).

However, an experienced criminal defence solicitor will be able to carefully review the circumstances of your case, including any potential defences which will help you to avoid charges, or receive a reduced penalty if conviction is unavoidable.

Potential defences which could be used to help you avoid a drink driving charge include:

  • The correct procedures were followed by the police when arresting you or requesting a sample
  • You had a reasonable excuse for failing to provide a sample (e.g. a medical reason)
  • There was a genuine and unavoidable reason for driving under the influence of alcohol (e.g. for a medical emergency)
  • You had no reason to suspect you were driving under the influence of alcohol (e.g. you were spiked or served alcohol without knowing)

Utilising these types of defences can be complex and does not necessarily guarantee that you will be able to avoid a drink driving charge altogether. Having the support of a specialist drink driving solicitor is essential.

What should you do if you are accused of drink driving?

Drink driving is treated extremely seriously, and, as discussed, avoiding a drink driving ban can be challenging if you do not receive the right legal advice.

At JD Spicer Zeb, our specialist criminal defence solicitors have over 45 years of experience in handling a wide range of criminal cases, including those involving drink driving. Our expertise ensures that we will know what is required to build the strongest possible defence for your case, what a positive outcome will look like and what it will take to achieve this. Whether this means having charges dropped or having a sentence reduced will depend on the circumstances of the case.

We regularly deal with all forms of evidence relied on in drink-driving cases, including forensics and the results of a breathalyser. We have the knowledge and tools at our disposal to build a strong defence case and identify any flaws in the procedures followed and the case being presented against you.

We have been accredited by the Law Society for Criminal Litigation. This highlights our strong track record of previous success. We have also established strong relationships with many of the country’s leading criminal defence barristers, meaning that you will receive the highest standard of representation if a case ever proceeds to court.

Related matters

We provide support and guidance on various related matters, including:

Related cases

Fees and funding

We understand the importance of being transparent when it comes to fees and funding options.

Legal aid may be available for your case, depending on whether it passes a means test and whether the grant of public funding is justified.

Where you do not qualify for legal aid, the alternative will be to fund the case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for drink driving charges, please use the links provided below:

Contact our drink driving lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for a drink a drink driving charge, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for drink driving

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.