We understand that attending court for a drink driving (or driving whilst unfit) charge is a highly stressful experience, particularly when facing a lengthy disqualification. A drink driving conviction carries a minimum 12-month driving ban, but the period can be much longer depending on your alcohol reading and the surrounding circumstances. In more serious cases, the court may also impose a community-based sentence, such as unpaid work, or even a term of imprisonment.
There are two ways in which to avoid a driving ban entirely:
1. Contesting the Allegation
You may avoid a ban by challenging the drink driving allegation, for example by showing that:
- You did not drive the vehicle.
- Alcohol was consumed only after driving.
- The police failed to follow correct procedures, making the evidence inadmissible.
2. Special Reasons
Even if you accept the drink driving offence, you may still be able to argue that the court should not impose a ban, if there are extenuating circumstances linked to the driving. Examples include:
- Driving only a very short distance.
- Acting in response to an emergency.
- Drinking unknowingly (e.g. spiked drinks).
Reducing a Drink Driving Ban
If a ban cannot be avoided, our goal is to persuade the court to impose the shortest possible period. Carefully prepared mitigation, supported by evidence, can have a huge bearing on the outcome. We can also ask the court to allow you to complete a drink drive awareness course, which reduces the ban by one quarter.
Expert Drink Driving Solicitors
Reeds Motoring specialise in drink driving law and will always provide you with honest and realistic advice. We offer competitive fixed fees, which provide clarity about costs from the outset.
We can obtain the court papers in the weeks before the court hearing, enabling us to review the police officers’ statements and other evidence. We can advise you about the evidence, whether there are any aggravating features and what to expect at court. This can often reduce the understandable anxiety about having to attend court for the first time.
Unlike many firms which operate in this area, we do not give clients a false sense of what is possible, only to change the advice later.
With our dedicated London team and nationwide coverage across our offices, we are able to assist anywhere in the country. We can arrange meetings both in person or virtually via Microsoft Teams.
If you would like to discuss any aspect of your case, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.
Case Studies
1. One of our clients was accused of drink driving after a member of the public claimed to have witnessed erratic driving. The prosecution relied heavily on this witness, but we argued that the alcohol had been consumed only after the journey had finished. During cross-examination, we exposed several weaknesses in the witness’s account, raising serious doubts about its reliability. As a result, the Magistrates found our client not guilty.
2. Our client, a trainee paramedic, faced a drink driving charge following a staff party. The sentencing guidelines indicated a ban of around 20 months. However, his employer confirmed that a ban exceeding 12 months would prevent him from qualifying as a paramedic, jeopardising his career. We prepared a detailed mitigation bundle demonstrating the exceptional impact of a lengthy disqualification. The court accepted our submissions and, departing from the guidelines, imposed the minimum ban of 12 months.
3. Our 19-year-old client was discovered by police with her car positioned partly in a parking bay and partly in the carriageway. She was alone in the driver’s seat, the keys were in the ignition, and the reversing and brake lights were illuminated. Although she provided a breath test well over the limit, we successfully argued at trial that her actions—releasing the handbrake and then applying the footbrake to prevent the car rolling further into the road—did not amount to “driving” in law. The Magistrates accepted this argument and she was acquitted, enabling her to preserve both her good character and her driving licence.
4. Our client was alleged to have driven to his ex-partner’s address in the early hours of the morning. Believing that he had been drinking, she refused him entry and called the police. When officers arrived, they found him walking back to his car and he tested over the limit at the roadside. At trial, through cross-examination of the attending officer and expert toxicology evidence, we demonstrated that his alcohol reading was the result of post-driving consumption. The Crown sought to pursue an alternative charge of being “in charge of a vehicle while over the prescribed limit,” but we persuaded the court that he had no intention of driving away. He was acquitted of both offences.
5. Our client collided with two stationary vehicles while driving home from the pub and left the scene on foot after being blocked in by concerned motorists. He was later arrested and recorded a reading of 130μg—well over three times the legal limit of 35μg. The case was aggravated by the accident, his failure to stop and report it, a victim impact statement, and previous convictions. Through careful mitigation, supported by strong character references and medical evidence, we persuaded the court to impose a suspended sentence rather than immediate custody, thereby avoiding imprisonment.
6. Our client was found asleep and intoxicated in his van, stationary in lane one of a dual carriageway. He failed to provide a specimen of breath at the police station and had no reasonable excuse. We negotiated with the prosecution to reduce the charge to “failing to provide while in charge of a vehicle” rather than driving while over the limit, to which he pleaded guilty. We then argued special reasons against disqualification, supported by his evidence in court and an expert report, showing there was no likelihood he would have driven while still over the limit. The court accepted our submissions and imposed only a modest financial penalty, allowing him to keep his licence despite already having points on his record.
If you would like to discuss any aspect of your case, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.
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FAQ
When someone pleads guilty to drink-driving, the Magistrates must impose a minimum 12-month driving ban. However, the specific length of the ban depends on the alcohol reading and the relevant category of the sentencing guidelines.
The court will also consider whether there are any aggravating features, which make the sentencing more serious. For example, carrying passengers, evidence of a poor standard of driving, poor road or weather conditions, or whether the car was involved in an accident.
It is only possible to confirm whether any aggravating features are being alleged by obtaining the court papers. The police officers’ statements will outline whether they noticed erratic driving or whether there were signs of impairment, such as glazed eyes or slurred speech. We are able to obtain these papers in advance of any court date and can advise about the evidence.
36–59 μg per 100ml breath → 12–16 months ban.
60–89 μg → 17–22 months ban.
90–119 μg → 22–28 months ban plus a possible Community Order (e.g. unpaid work or curfew).
120 μg or more → starting point is 29–36 months ban and up to 12 weeks’ custody.
Yes. If the alcohol reading is above 120 micrograms (μg) per 100ml of breath, the starting point in the guidelines is to impose a 12-week prison sentence and a ban of 29-36 months. Any risk of a prison sentence will understandably add a huge amount of stress. It is important to know that a prison sentence can be suspended, avoiding you having to set foot in prison. Often the court will attach elements, such as unpaid work, to a suspended sentence.
This charge is used when no reliable breath, blood, or urine reading is available, but the police believe you were impaired. The prosecution relies on evidence such as slurred speech, smell of alcohol, poor balance, or erratic driving. These cases can often be challenged, particularly if another explanation exists (e.g. illness, fatigue, prescribed medication).
If you have a conviction within the last 10 years, the minimum ban is 3 years.
If you have had two or more disqualifications of 56 days or more within the last 3 years, the court must impose at least a 2-year ban.
A special reason is an extenuating circumstance arising from the offence itself which, if proven to the court’s satisfaction, provides a basis for departing from the mandatory period of disqualification. They are different from personal mitigation, such as the impact of a ban on your family or employment, because they must relate to how and why the offence was committed rather than to the personal consequences for you.
For something to qualify as a special reason, the court must be satisfied that it is a genuine mitigating factor, that it does not amount to a complete defence in law, and that it is linked closely to the facts of the offence. Examples include situations where someone drove only a very short distance, perhaps to move a car to safety, where a person drove in response to a genuine emergency, or where alcohol was unknowingly consumed, such as in the case of a spiked drink.
When a special reasons argument is raised, the court will list the matter for a contested hearing. Evidence is presented, witnesses may be called, and the defence must prove the circumstances on the balance of probabilities. Courts are often cautious in these cases and will only accept special reasons where the evidence is clear and compelling.
If the court is persuaded that special reasons exist, it has the discretion to depart from the normal sentencing rules. This could mean imposing no disqualification at all, reducing the length of the ban to below the statutory minimum of 12 months, or in some cases substituting penalty points instead of a ban. If the court is not persuaded, then the mandatory minimum disqualification must be imposed.
These arguments depend heavily on detailed preparation, case law, and careful advocacy.
This is often called the “hip flask defence”. It applies when alcohol was consumed after driving but before the police carried out a test. For example, a driver may have a drink at home after returning, only for the police to arrive later following a report that they had been driving.
The legal issue is whether the alcohol consumed after driving caused the reading to rise above the limit. Defending such a case typically involves:
- Instructing a forensic toxicologist to calculate what your alcohol level would have been at the time of driving.
- Providing a detailed timeline of when alcohol was consumed and in what quantity.
- Cross-examining the prosecution to highlight any uncertainties in their evidence.
If successful, the court may conclude that you were under the limit while driving, meaning you cannot be convicted.
Strict procedures govern breath, blood, and urine tests. If the police failed to:
- Give the correct statutory warnings,
- Properly calibrate or handle the device, or
- Collect samples lawfully,
The evidence may be inadmissible and the case could be dismissed.
Yes. The reliability of breath, blood, or urine test results can be challenged on several grounds.
Common issues include:
- Calibration and maintenance – Breathalysers must be calibrated and serviced regularly in line with Home Office requirements. If records show lapses in calibration or improper maintenance, the result may be unreliable.
- Operator error – The police must follow strict procedures when operating the device. Failure to give proper instructions, failing to obtain two matching readings, or allowing insufficient time between breath samples can undermine the evidence.
- Contamination or handling errors – Blood and urine samples must be taken, sealed, and stored carefully. Any error in the chain of custody, incorrect labelling, or poor storage conditions can make the result unsafe.
- Medical conditions – Certain conditions such as diabetes, asthma, acid reflux, or dental issues can affect the reading. For example, residual alcohol in the mouth or ketones produced by diabetes can give a misleading result.
- Expert evidence – Independent forensic toxicologists can review the evidence, laboratory methods, and calibration records to highlight flaws and provide alternative explanations.
By carefully analysing the procedures followed by the police and obtaining expert input where necessary, it is often possible to identify weaknesses that can be used to challenge the prosecution case.
Failing to provide a specimen is a separate offence, but you may have a defence if you have a reasonable excuse (e.g. asthma, severe anxiety, needle phobia, or medical issues). Medical evidence will be needed to support this.
We provide clear, honest advice from the outset and never raise unrealistic expectations simply to gain instructions. Our motoring law team has extensive experience in drink driving cases and a strong track record of achieving exceptional results.
We aim to achieve the very highest standards of client care, always providing direct contact with your solicitor and responding quickly to any enquiries and questions. We obtain the court papers in advance, review the police evidence in detail, and advise you on the strengths and weaknesses of the case.
With a dedicated London team and offices across the country, we can represent you at any Magistrates’ Court in England and Wales.
With a dedicated London team and 17 offices across the country, our specialist motoring lawyers can represent you at any Magistrates’ Court nationwide.
London
Barkingside Magistrates’ Court: 850 Cranbrook Road, Ilford IG6 1HW
Bromley Magistrates’ Court: London Road, Bromley BR1 1RA
City of London Magistrates’ Court: 1 Queen Victoria Street, London EC4N 4XY
Croydon Magistrates’ Court: Barclay Road, Croydon CR9 3NG
Ealing Magistrates’ Court: The Court House, Green Man Lane, Ealing W13 0SD
Hendon Magistrates’ Court: The Court House, London NW9 7BY
Highbury Corner Magistrates’ Court: 51 Holloway Road, London N7 8JA
Lavender Hill Magistrates’ Court: 176a Lavender Hill, Battersea SW11 1JU
Stratford Magistrates’ Court: The Court House, 389–397 High Street, London E15 4SB
Thames Magistrates’ Court: 58 Bow Road, London E3 4DJ
Uxbridge Magistrates’ Court: Harefield Road, Uxbridge UB8 1PQ
Westminster Magistrates’ Court: 181 Marylebone Road, London NW1 5BR
Willesden Magistrates’ Court: 448 High Road, London NW10 2DZ
Wimbledon Magistrates’ Court: The Court House, Alexandra Road, London SW19 7JP
South East
Oxfordshire, Berkshire, Buckinghamshire, West Sussex, East Sussex, Kent, Surrey, Hampshire
Reading Magistrates’ Court: Castle Street, Reading RG1 7TQ
East Berkshire (Slough) Magistrates’ Court: Law Courts, Chalvey Park, Off Windsor Road, Slough SL1 2HJ
Oxford Magistrates’ Court: The Court House, Speedwell Street, Oxford OX1 1RZ
High Wycombe Magistrates’ Court: Easton Street, High Wycombe HP11 1LR
Milton Keynes Magistrates’ Court: 301 Silbury Boulevard, Witan Gate East, Milton Keynes MK9 2AJ
Crawley Magistrates’ Court: Woodfield Road, Crawley RH10 8BF
Brighton Magistrates’ Court: Edward Street, Brighton BN2 0LG
Horsham Magistrates’ Court: Hurst Road, Horsham RH12 2ET
Canterbury Magistrates’ Court: Broad Street, Canterbury CT1 2UE
Maidstone Magistrates’ Court: Palace Avenue, Maidstone ME15 6LL
Sevenoaks Magistrates’ Court: Morewood Close, London Road, Sevenoaks TN13 2HU
Guildford Magistrates’ Court: Laundry Road, Guildford GU1 4PS
Basingstoke Magistrates’ Court: London Road, Basingstoke RG21 4AB
Staines Magistrates’ Court: Knowle Green, Staines TW18 1XH
East Midlands
Northamptonshire, Leicestershire, Cambridgeshire, Bedfordshire
Northampton Magistrates’ Court: Campbell Square, Northampton NN1 3EB
Wellingborough Magistrates’ Court: Midland Road, Wellingborough NN8 1HF
Leicester Magistrates’ Court: 15 Pocklingtons Walk, Leicester LE1 6BT
Loughborough Magistrates’ Court: Pinfold Gate, Loughborough LE11 1AZ
Cambridge Magistrates’ Court: St Andrew’s Street, Cambridge CB2 3AX
Peterborough Magistrates’ Court: Bridge Street, Peterborough PE1 1ED
Huntingdon Magistrates’ Court: Walden Road, Huntingdon PE29 3DW
Luton Magistrates’ Court: Stuart Street, Luton LU1 5BL
South West (Bristol, Wiltshire, Gloucestershire, Somerset, Dorset, Devon, Cornwall)
Bristol Magistrates’ Court: Marlborough Street, Bristol BS1 3NU
Swindon Magistrates’ Court: Princes Street, Swindon SN1 2JB
Poole Magistrates’ Court: Park Road, Poole BH15 2NS
Barnstaple Magistrates’ Court: North Walk, Barnstaple EX31 1DX
West Midlands
Warwickshire and surrounding counties
Coventry Magistrates’ Court: Little Park Street, Coventry CV1 2SQ
Warwick Magistrates’ Court: Northgate Street, Warwick CV34 4SG
Nuneaton Magistrates’ Court: Vicarage Street, Nuneaton CV11 4UR
Leamington Spa Magistrates’ Court: Newbold Terrace, Leamington Spa CV32 4EL
North West
Greater Manchester, Cheshire, Lancashire, Cumbria, Merseyside
Manchester Magistrates’ Court: Crown Square, Manchester M60 1PR
Bolton Magistrates’ Court: Le Mans Crescent, Bolton BL1 1UA
Blackburn Magistrates’ Court: Northgate, Blackburn BB2 1AA
Wigan & Leigh Magistrates’ Court: Darlington Street, Wigan WN1 1DW
Wales
South Glamorgan, Gwent, West Glamorgan, Dyfed, Powys, Gwynedd, Clwyd, Mid Glamorgan
Cardiff Magistrates’ Court: Fitzalan Place, Cardiff CF24 0RZ
Newport Magistrates’ Court: Usk Way, Newport NP20 2GE
Swansea Magistrates’ Court: Grove Place, Swansea SA1 5DB
Aberystwyth Magistrates’ Court: Marine Terrace, Aberystwyth SY23 2DE