Drink & Drug Driving Solicitors

A drink or drug driving conviction means a minimum 12-month ban, a criminal record, and likely the loss of your job. Before you plead guilty, let a specialist tell you whether the charge can be defended.

Drink driving, drug driving, failure to provide a specimen, and driving while unfit — these are serious criminal charges with serious consequences. But the prosecution must prove every element of the offence, the device must be correctly calibrated, the procedure must have been followed correctly, and the statutory defences must be considered. A specialist motoring solicitor will review the full evidence before any plea is entered.

Excess alcohol & drug driving Failure to provide a specimen Special reasons to avoid disqualification Free initial consultation

Defending the Charge

Drink and drug driving — the prosecution case and where a defence can succeed.

The prosecution must prove the offence beyond reasonable doubt — and there are technical requirements, device calibration rules, and procedural steps that must all have been correctly followed. A solicitor reviews each of them before advising on plea.

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Device calibration and approved devices

The breath test must be conducted on an approved device — the Intoxilyzer, Lion Intoximeter, Camic Datamaster, or Evidenzer. The device must be in proper calibration on the date of the test. A solicitor will request the calibration records and inspect whether the device was within its calibration period and operating correctly. A device that was not properly calibrated or was not an approved device renders the evidence unreliable — and may defeat the charge entirely.

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Procedure at the police station

The police must follow the PACE Code C procedure at the police station — offering legal advice, providing the statutory warning before taking the specimen, observing the 20-minute waiting period, and providing the motorist with a printout of the result. Where procedure was not correctly followed — the warning was not given, the waiting period was truncated, or the printout was not provided — the evidence may be challenged. A solicitor will review the custody record and station procedure against the statutory requirements.

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The hip flask defence (post-driving drinking)

Where a defendant consumed alcohol after they stopped driving but before the specimen was taken, the question is whether the alcohol consumed after driving (not before) caused the reading to exceed the limit. This is the "hip flask" or post-incident drinking defence. Expert toxicological evidence is required to establish what the reading would have been at the time of driving. A solicitor will instruct a toxicologist and assess whether the defence is properly supported by the evidence before it is run at trial.

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Drug driving — prescribed medication

Drug driving under section 5A of the Road Traffic Act 1988 sets specified limits for 16 drugs — including legal prescription drugs. Where the drug found in the blood is a prescribed medication, the statutory defence of medical defence is available — but only where the drug was taken in accordance with the prescription, the driving was not impaired, and the defendant did not know or have reason to suspect that taking the medication would make driving dangerous. A solicitor will assess whether the defence applies and gather the evidence needed to support it.

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Failure to provide a specimen

Failure to provide a specimen — of breath, blood, or urine — without reasonable excuse is an offence carrying the same mandatory disqualification as excess alcohol. A medical reason (asthma, genuine respiratory difficulty) can constitute a reasonable excuse — but it must be genuine and supported by medical evidence. A solicitor will assess whether a reasonable excuse defence applies and, where it does, obtain the medical evidence needed to support it. Where no defence applies, early guilty plea advice and mitigation is prepared.

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Special reasons — avoiding the mandatory ban

Even where the offence is proved, the court has power to avoid disqualification on "special reasons" — a mitigating or extenuating circumstance directly connected to the commission of the offence. Special reasons are a high bar: they must relate to the offence, not the offender's personal circumstances. Examples include a genuine emergency, spiked drinks (where the defendant did not know they were consuming alcohol), or driving only a very short distance on private land. A solicitor will assess whether special reasons apply and present the argument to the court.

How It Works

Before you accept the disqualification, let a specialist tell you whether the procedure was followed — and whether the charge can be defended.

A solicitor will obtain the station records, device calibration data, and prosecution evidence — and advise on whether a full defence, a special reasons argument, or early guilty plea mitigation gives the best outcome.

Submit Your Request
1

Describe the charge and the circumstances

Tell us the reading, the date of the offence, what happened at the police station, and your court date.

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Solicitor reviews the evidence

A motoring specialist obtains the calibration records and station procedure and identifies any grounds for defence or special reasons.

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Free initial consultation

You receive frank advice on your prospects — and the realistic options for avoiding or reducing the disqualification.

Free Initial Consultation

A 12-month ban has consequences that last far longer than 12 months. Before you accept it, find out whether it can be avoided.

Get specialist drink driving defence advice — and a clear view on whether the charge, or the disqualification, can be challenged.

Defend My Drink Driving Charge

Common Questions

Drink & drug driving — what people ask us.

Is disqualification mandatory for drink driving?

Yes — a conviction for excess alcohol or drug driving under the Road Traffic Act 1988 carries a mandatory minimum disqualification of 12 months (or 3 years for a second offence within 10 years). The court cannot avoid the ban unless special reasons are found. Special reasons must relate to the offence itself — spiked drinks, a genuine emergency, very short distance — not to personal hardship or employment consequences. A solicitor will assess whether special reasons genuinely apply before advising you to run the argument.

My drink was spiked. Can I use that as a defence?

A spiked drinks argument can be run as a special reason to avoid disqualification — but not as a defence to the charge itself. The offence is proved by the reading, regardless of how the alcohol came to be consumed. To succeed on special reasons, you must show on the balance of probabilities that your drink was spiked, that you did not know you were over the limit, and that you would not have driven had you known. Evidence — witnesses to what you consumed, toxicological expert evidence about what the additional alcohol would have done to the reading — is essential. A solicitor will assess whether the evidence supports the argument.

Can I reduce the length of the disqualification?

Yes — the court can offer a Drink Drive Rehabilitation Course, which reduces the disqualification by up to 25% on completion. The offer is at the court's discretion. A solicitor will ensure the offer is made and accepted where appropriate, and will present mitigation in sentencing to ensure the disqualification period is at the lower end of the range. Where a longer disqualification is imposed — for a high reading, or for aggravating factors — the sentence can be appealed to the Crown Court.

The police did not wait 20 minutes before taking the breath test. Does that invalidate the test?

The 20-minute observation period before the evidential breath test is required to ensure that any mouth alcohol (from belching, regurgitation, or recent drinking) has dissipated. Where the period was not observed, the result may not represent deep lung (alveolar) air — and may be unreliable. Whether a failure to observe the period invalidates the test depends on the specific circumstances and the evidence available. A solicitor will review the station records and advise on whether a challenge to the procedure is available.

I refused to give a breath specimen. What happens now?

Failure to provide a specimen without reasonable excuse is itself a criminal offence under section 7(6) of the Road Traffic Act 1988 — carrying the same mandatory 12-month disqualification as excess alcohol. A medical reason may constitute a reasonable excuse — but it must be genuine, must have been communicated to the police at the time, and must be supported by medical evidence. A solicitor will assess whether a reasonable excuse applies, obtain the medical evidence, and advise on the realistic prospects of the defence at trial.

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