Drink Driving Solicitors in Cheltenham
Specialist Advice and Representation for Drink Driving Offences
Facing a Drink Driving Charge? Understanding Your Position
A drink driving charge is a criminal offence that can result in disqualification from driving and other lasting consequences. Understanding how the evidence was obtained and how the case is likely to be dealt with by the court is essential.
Pembridge Solicitors regularly advises individuals accused of drink driving. We assess the circumstances of the arrest, the testing procedures used, and the strength of the prosecution case. Our solicitors provide clear advice on available options and represent clients throughout the court process. From our Cheltenham office, we act for clients across England and Wales.
What Is a Drink Driving Offence?
A drink driving offence may be committed where a person drives, attempts to drive, or is in charge of a motor vehicle while their alcohol level exceeds the legal limit. For a conviction to follow, the prosecution must prove not only that the limit was exceeded, but also that the evidence relied upon was obtained lawfully and in accordance with strict legal procedures.
This means that drink driving cases are not determined by test results alone. The circumstances of the stop, arrest, and testing process are often just as important.
Legal Alcohol Limits in England and Wales
The prescribed limits are set out in law and apply throughout England and Wales. They are:
35 micrograms of alcohol per 100 millilitres of breath
80 milligrams of alcohol per 100 millilitres of blood
107 milligrams of alcohol per 100 millilitres of urine
If the prosecution alleges that these limits have been exceeded, the charge will usually be one of driving with excess alcohol under the Road Traffic Act 1988.
The prescribed limits are set by law and may change. This information is provided for general guidance and does not constitute legal advice.
Police Station Testing and Evidential Procedures
Once at the police station, the police must follow strict procedures when obtaining evidential samples. These safeguards exist to ensure accuracy and fairness.
Evidential Breath Testing
Breath testing at the police station must be carried out using approved equipment. Two satisfactory samples are usually required, with the lower reading used as evidence. The police must also clearly explain the legal requirement to provide a specimen and the consequences of failing to do so.
Blood and Urine Samples
Where a breath sample cannot be taken, the police may require a specimen of blood or urine. These procedures involve additional safeguards, including how consent is addressed and how samples are handled and analysed. Any failure to follow the correct process may be relevant to the defence.
Being “In Charge” of a Vehicle While Over the Limit
A person does not need to be driving to face a drink driving charge. In some circumstances, a person may be accused of being “in charge” of a vehicle while over the limit.
These cases depend heavily on the facts, including intention to drive, access to the vehicle, and surrounding circumstances. Legal advice is essential to assess how the law applies in each situation.
Possible Convictions and Offences
Depending on the circumstances, a drink driving investigation may lead to different charges. The most common include:
Driving or attempting to drive with excess alcohol
Being in charge of a motor vehicle while over the legal limit
Failing to provide a breath, blood, or urine specimen
Driving whilst unfit through drink
Each offence carries different legal considerations and potential penalties. The charge brought will depend on the evidence available and the circumstances of the case.
Potential Penalties and Consequences
The penalties for drink driving vary depending on the offence, the alcohol level involved, and whether there are previous convictions. In most cases, a driving disqualification is mandatory.
Potential consequences may include:
Disqualification from driving
A financial penalty or community order
A custodial sentence in more serious cases
A criminal record
Increased insurance costs
Impact on employment or professional licences
For repeat offences or cases involving very high alcohol levels, the court may consider significantly longer disqualifications and, in some cases, imprisonment.
In appropriate cases, the court may allow a reduction in the length of disqualification if an approved drink driving rehabilitation course is completed.
Areas We Cover
We advise clients facing drink driving allegations in Cheltenham, Tewkesbury, and Gloucester, as well as across the wider England and Wales court system. Advice and representation can be provided in person or remotely, depending on the circumstances.
Speak to specialist drink driving solicitors
If you are facing a drink driving allegation and want clear advice, our solicitors can help. We explain your position in plain terms and guide you through the process at every stage.
To speak to our team, call 0330 900 0377. Please note that we do not accept Legal Aid and act on a private-fee basis only.
How to Find Us
Pembridge Solicitors
Calderwood House
Montpellier Parade
Cheltenham
GL50 1UA
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