Drink Driving Solicitors in Oxford

Facing a drink driving charge at Oxford Magistrates’ Court can be daunting, particularly if you have never been to court before and depend on your driving licence for your work or family life. 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. It is only by examining the statements and procedure as well as seeing exactly how the officers have described your condition and driving, including any reference to slurred speech, glazed eyes, erratic driving or a collision, that we can assess the likely sentence and whether there is a viable defence.

Our experienced Oxford team attends Oxford Magistrates’ Court daily and has a detailed understanding of how drink driving cases are dealt with locally. Reeds is ranked Tier 1 by the Legal 500 and Band 1 by Chambers UK, the highest rankings awarded by either legal directory.

01865 260230 | [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.

Oxford Magistrates’ Court

The Court House, 52 Speedwell Street, Oxford, OX1 1RZ

Please note that Oxford Magistrates’ Court is currently closed for roof repairs and is scheduled to reopen in early November 2026. During the closure, most Oxford cases are being heard in a courtroom temporarily allocated to the Magistrates’ Court at Oxford Crown Court. Some cases may be listed at other courts.

Our Oxford Office

Our head office is based at 18 Kings Meadow, Ferry Hinksey Road, Oxford OX2 0DP. We can offer appointments either in person or virtually, depending on your preference.

Drink Driving and Related Offences

This is the most common drink driving offence and applies where someone drives or attempts to drive with more than the prescribed limit of alcohol in their breath, blood or urine. A conviction carries a mandatory disqualification of at least 12 months.

It is an offence to fail to provide a required specimen of breath, blood or urine without a reasonable excuse. A genuine medical or psychological condition may provide a defence, but it must have prevented or significantly impaired your ability to provide the specimen.

You can be prosecuted without having driven, including after entering a vehicle to sleep, keep warm or collect belongings. It is a defence to establish that there was no likelihood of you driving while over the prescribed limit.

This offence does not depend upon a breath, blood or urine reading exceeding the prescribed limit. The prosecution must prove that your ability to drive properly was impaired by alcohol.

Failing to cooperate with a preliminary roadside breath test without a reasonable excuse is a separate offence. It differs from failing to provide an evidential specimen at the police station and does not automatically carry the same mandatory disqualification.

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