Drink Driving Solicitors in London

Facing a drink driving charge in London can be extremely stressful, particularly if you have never been to court before and depend on your driving licence for your work or family life. Many Londoners rely on driving because they work irregular hours, travel outside the capital, or have childcare or caring responsibilities. A conviction normally results in a disqualification of at least 12 months, while higher alcohol readings and aggravating features can lead to a substantially longer ban, a community order or even imprisonment.

If you already have a court listing, we can usually obtain the prosecution papers immediately after we are instructed. We will examine the alcohol reading, the circumstances of the driving and how the officers have described your condition, including any allegation of slurred speech, glazed eyes, erratic driving or a collision. This allows us to assess the likely sentence, whether there is a viable defence and the best approach to the hearing.

Our experienced London team regularly represents clients at Magistrates’ Courts across the capital and has a detailed understanding of how drink driving cases are prosecuted and sentenced. Reeds is ranked Tier 1 by the Legal 500 and Band 1 by Chambers UK, the highest rankings awarded by either legal directory.

020 3781 8400 | [email protected]

Can I avoid a driving ban?

There are two possible routes to avoiding a driving ban when prosecuted for drink driving.

Not Guilty Pleas

You may be able to plead not guilty and defend the charge. Possible defences include:

• you were not the person driving;
• some or all of the alcohol was consumed after driving, sometimes referred to as the “hip flask” defence; or
• the police failed to comply with the required legal or evidential procedures.

The strength of any defence will depend on the evidence. For example, a post-driving consumption defence will usually require expert evidence calculating what the alcohol reading would have been at the time of driving.

Special Reasons

Even if the offence is admitted or proved, the court may decide not to impose the usual mandatory disqualification if there are “special reasons”. These must relate to the circumstances of the offence rather than the driver personally. Examples can include:

• unknowingly consuming a spiked or unexpectedly alcoholic drink;
• driving because of a genuine emergency; or
• driving only a very short distance in unusual circumstances.

A special reasons argument requires evidence and is determined at a separate hearing if disputed by the prosecution. It does not amount to a defence or prevent a conviction, but it can allow the court to reduce the period of disqualification or impose no ban.

Should I plead guilty to drink driving?

If the evidence is strong, it may be in your interests to plead guilty and focus on securing the lowest possible sentence. We will review the prosecution papers before advising you whether a guilty plea is the best course.

The papers may contain allegations that make the offence appear more serious, such as erratic driving, carrying passengers or being involved in a collision. In some cases, we can provide context or evidence showing that an alleged aggravating feature is less serious than it initially appears. We will also present relevant personal mitigation, including your previous good character, the circumstances leading to the offence and the effect that disqualification will have on your work and family.

Our aim will be to persuade the court to sentence at the lower end of the relevant range. We can also ask the court to offer you a drink-drive rehabilitation course, which will usually reduce the period of disqualification by 25% if completed within the required time.

Being properly prepared and represented can significantly reduce the stress of attending court. We will explain what to expect, present your mitigation and address the court on your behalf.

What Sentence Will I Get for Drink Driving?

A conviction for drink driving carries a mandatory minimum 12-month disqualification. However, the ban can be far longer depending on the alcohol reading and the circumstances of the offence.

For a breath-alcohol reading, the guideline starting points are:

• 36–59µg: 12–16 month ban and a Band C fine;
• 60–89µg: 17–22 month ban and a Band C fine;
• 90–119µg: 23–28 month ban and a medium-level community order; and
• 120µg or more: 29–36 month ban and a custodial starting point of 12 weeks.

These are starting points rather than fixed sentences. The sentence can be adjusted significantly depending on aggravating features, such as poor driving, carrying passengers, involvement in a collision or driving where there was a high level of traffic or pedestrians.

The sentence can also be adjusted downwards if well-prepared and properly supported mitigation is presented to the court. This may include your previous good character, personal circumstances, any relevant explanation for the offence and the effect that the sentence will have on others. Our aim will be to persuade the court to sentence at the lower end of the relevant range.

London Magistrates’ Courts

Drink driving cases in London are heard at courts across the capital, including Westminster, Highbury Corner, Thames, Lavender Hill, Willesden, Ealing, Uxbridge, Croydon, Bromley, Wimbledon, Bexley, Stratford and Romford Magistrates’ Courts. The court will usually depend on where the alleged offence occurred and local listing arrangements. Our London team represents clients throughout the capital and, once instructed, can obtain the prosecution papers and explain what to expect before your hearing.

Our London Office

3rd Floor, 20 Farringdon Street
London

Tel: 020 3781 8400
Email: [email protected]

We can offer appointments either in person or virtually, depending on your preference, ensuring you receive expert criminal defence advice wherever you are based in London.