Drink Driving Blood Test

Taking a blood test for suspected drink driving could have a significant impact on the outcome of your case. If you are found guilty of drink driving, you could face imprisonment, a driving ban and a fine.

If you are being accused of committing a drink driving offence, it is essential that you contact and instruct specialist legal representation immediately.

A request for a blood test for drink driving can be a complex situation to navigate, especially on your own, which is why we recommend seeking specialist legal advice before proceeding.

At JD Spicer Zeb, our expert driving offence solicitors have over 45 years of experience in supporting individuals accused of a wide range of offences, including drink driving. This puts us in the position to offer specialist legal advice on your options and next best steps.

Our focus is to help you achieve the best possible outcome in your case. However, in instances where a conviction is unavoidable, we will ensure that any punishments are mitigated as much as possible, such as helping you avoid a driving ban if your occupation depends on your ability to drive.

Our highly experienced motoring offences solicitors provide:

24/7 legal support in person and over the phone, 365 days a year
Representation anywhere in England and Wales
Accredited Police Station Representatives to support you during a police interview
Clear, effective legal advice in any language (see our languages spoken)

Speak to our drink driving solicitors today

For a free initial consultation on your legal position, and the available options when defending a drink driving charge, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding drink driving, please call our Emergency Number 07836 577 556.

Why choose our drink driving solicitors?

For over 45 years, JD Spicer Zeb has provided specialist legal advice and representation in drink driving cases, including those involving blood test evidence. Our experienced motoring offence solicitors understand precisely how these cases are investigated and prosecuted, and how to identify errors in procedure, timing, or laboratory handling that can make blood test results unreliable.

We work with leading forensic experts to examine every technical detail of your case, from how the sample was taken to whether it was stored and analysed correctly. Our team is available 24/7 to assist if you are arrested or required to provide a sample, ensuring you receive immediate, practical guidance at every stage.

Recognised by the Law Society for Criminal Litigation and accredited under Lexcel for excellence in client care, we are committed to protecting your rights and securing the strongest possible defence against drink driving allegations.

Our expertise with drink driving blood tests

Representation at police stations

If you are arrested on suspicion of drink driving and asked to provide a blood sample, obtaining legal representation before speaking to the police is crucial.

What you say, or decline to say, during your interview can directly affect the outcome of your case.

Our experienced police station solicitors are available 24/7 to advise you throughout the process, ensuring your rights are protected and that all testing procedures are lawfully carried out.

We will carefully assess whether officers have followed the correct protocol in requesting or taking a sample and advise you on the best approach before any formal statement is made.

Pre-Charge Bail and released under investigation

If you are released on pre-charge bail or under investigation after a drink driving arrest, it is vital to stay informed about your position.

Being released does not mean the matter is closed; police may still be awaiting blood test results or further evidence.

Our drink driving solicitors can review your case, explain your bail conditions, and ensure you comply fully to avoid further complications.

We will keep track of police progress, challenge unreasonable delays, and make sure your case is dealt with fairly and efficiently while protecting your rights throughout the investigation period.

Penalty mitigation

If your blood test confirms alcohol levels above the legal limit, our team will explore every avenue to reduce potential penalties. We will carefully review the prosecution’s evidence, including how the blood sample was obtained, stored, and analysed, to identify any procedural or technical errors.

Where conviction cannot be avoided, we will present strong mitigation based on your personal circumstances, such as genuine remorse, good character, or the impact of a driving ban on your livelihood. Our goal is to minimise the severity of any sentence and achieve the most favourable outcome possible.

Legal representation and defence

Our experienced motoring offence solicitors provide robust legal representation in all drink driving blood test cases. We will analyse every stage of the procedure, from the police request to the laboratory results, to identify errors that could invalidate the evidence.

Working with leading forensic experts, we prepare a detailed and strategic defence tailored to your situation. Whether your case is heard in the Magistrates’ Court or Crown Court, you can rely on us for clear advice, skilled advocacy, and proactive defence. We are dedicated to protecting your licence, your livelihood, and your reputation at every stage of proceedings.

Fees and funding

When dealing with fees and funding, our motoring offence solicitors will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to causing motoring offences, including:

Related cases

Application To Remove Driving Disqualification Early - Thames Magistrates Court

Not Guilty Drink Driving - Willesden Magistrates’ Court 2023

Common questions about drink driving blood tests

What’s the legal alcohol limit for driving in the UK?

In England, Wales, and Northern Ireland, the legal blood alcohol level is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. In Scotland, the limits are lower. Exceeding these levels is a criminal offence under the Road Traffic Act 1988.

When can police request a blood test after drink driving?

Police may request a blood test if a breathalyser is unavailable, gives an unreliable reading, or if you’re unable to provide a breath sample for medical reasons. A qualified healthcare professional must take the sample, and the procedure must comply strictly with Home Office guidelines to ensure validity.

Can I refuse a blood test for drink driving? What happens if I do?

Refusing a UK drink driving blood test without a reasonable excuse, such as a medical condition, constitutes an offence under Section 7(6) of the Road Traffic Act 1988. This is treated as seriously as a positive result and can lead to disqualification, a fine, and potential imprisonment. Legal advice should always be sought before refusing or challenging any sample request.

How long after driving can police take a blood test?

The CPS recommends that blood samples should be “ideally taken within one hour, to be reflective of the level at the time of the offence”. If a blood test is deemed necessary, the police will look to obtain a sample as soon as it is practically possible to do so. Any unreasonable delay can affect the accuracy and admissibility of results. The timing of the sample is therefore crucial to both prosecution and defence arguments in drink driving cases.

What are the penalties for failing a drink driving blood test?

Penalties include a driving ban of at least 12 months, a potentially unlimited fine, and in serious cases, imprisonment for up to six months. The exact penalty depends on your blood alcohol level and any aggravating factors such as previous offences or dangerous driving.

What factors affect my blood alcohol level?

Several factors influence blood alcohol levels, including body weight, sex, metabolism, age, food intake, and the strength and quantity of alcohol consumed. Medication and fatigue can also alter absorption rates. Because these factors vary widely, estimating how much you can safely drink before driving is unreliable and often dangerous.

How long does alcohol stay in your blood?

Alcohol can remain detectable in the blood for up to 12 hours, depending on the amount consumed and individual metabolism. However, its impairing effects may last longer. Even “the morning after” driving can result in a positive test and a criminal offence if levels remain above the legal limit.

Can a medical condition affect the results of a blood test?

Yes. Conditions such as diabetes, liver disease, or certain metabolic disorders can influence blood alcohol readings. Some medications or mouth conditions may also produce false elevations. Where medical issues are suspected, expert evidence can be used to challenge the accuracy of the blood test results in court.

Contact our drink driving solicitors now

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

You can contact a member of our dedicated team of drink driving solicitors in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771, our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

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

24/7 legal representation for drink driving

Please contact us for a free initial consultation with one of our drink driving lawyers for immediate advice and representation.

For urgent representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the assistance you need.

Recent Cases

There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.

See all cases