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Engage a Drink Driving Solicitor for These Drink Driving Offences

Did you know that you could be charged with a drink driving offence even if you are not operating a vehicle, nor have operated the vehicle while having an excess of alcohol? The United Kingdom takes drink driving very seriously and has put in place very strict mandatory sentences if you are convicted of a drink driving offence. If you are charged with fraud, assault or another crime, you should get a criminal legal aid solicitor that handles cases of that sort. If you are facing drink driving charges, you should make a point of engaging a drink driving solicitor who has current experience handling cases that involve alcohol, driving with excess and other drink driving offences.

What Drink Driving Offences Might You Be Charged With?

There are for main types of drink driving offences. Each of them carries mandatory sentences. If you are convicted, the court has limited discretion in assigning a punishment. That's one of the reasons that it's important to have the advice of an experienced drink driving solicitor.

Driving with Excess Alcohol

If police believe you have been driving or attempting to drive after consuming more than the approved amount of alcohol, you may be charged with driving with excess alcohol. The police must follow very specific procedures when they book you for drink driving related charges. In the case of driving with excess alcohol, the police must be able to prove their case.

In general, you cannot be convicted of driving with excess alcohol unless you have taken a breath, urine or blood test at the police station. Roadside testing devices are not approved devices for determining the level of alcohol and in general, results from roadside devices are not evidence for the courts. They simply help police determine whether you should be taken to the police station to do an official test.

If you are convicted: You face a maximum of six months in prison, a £5,000 fine and a driving ban of varying ranges.

If you are required to go to the police station to give a specimen, it is vital to get the advice of a drink driving solicitor immediately to protect your rights. Even if you cannot pay, you must be given the opportunity to consult with a drink driving solicitor.

Failure to Provide a Specimen

One might think that refusing to provide a specimen of blood, breath or urine to be tested would be the best way to avoid a conviction, but failure to provide a specimen is in itself a crime. There are very few acceptable defences to refusing to provide a specimen for testing, and will not lessen the time punishments you face in the least.

If you are convicted: You face a maximum of 6 months in prison and a £5,000 fine, along with a driving ban. If there is other evidence that you were intoxicated, the court can decide to add to your sentence. If the courts believe that the reason you refused to provide a specimen is because you knew you were trying to drive with excess alcohol, they can levy a sentence that is far more severe because they have no measure of how intoxicated you actually were.

Being Drunk in Charge of a Vehicle

You can actually be charged and convicted if you are in or around your vehicle with the intention of driving your vehicle while you are legally over the limit. A good drink driving solicitor is your best defence if you are charged with this offence.

Driving While Unfit Through Drink or Drugs

The difference between being charged with driving with excess and driving while unfit is that the police must have a specimen proving that you were over the drink drive limit. If the police do not have a specimen, they can charge you with driving while unfit instead, and use evidence provided by a police officer's or doctor's opinion of your condition and suitability to drive.

If you are convicted: you could face six months in prison, a £5,000 fine and a driving disqualification.

Remember that you have the right to advice from a criminal legal aid solicitor any time you are taken to the police station or asked to present yourself at the police station. Don't face charges on your own. Call an experienced drink driving solicitor for help.

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