Drink Driving Solicitors

Q: Do all drink driving cases go to court?

Yes. Drink driving is a criminal offence that must be dealt with in the Magistrates’ Court. You must enter a guilty or not guilty plea at your first hearing.

Q: How much can I drink and still be under the limit?

This varies from person to person. Factors such as body weight, metabolism, food intake, and the length of time you were drinking all influence alcohol levels in the body. In appropriate cases, we work with forensic experts who can analyse alcohol readings and assess whether you were over the legal limit based on what and when you drank.

Q: Is it worth getting a solicitor for drink driving?

Yes. Drink driving law is technical, and many defences involve procedural errors, technical evidence, and expert reports. Quality legal advice often makes a significant difference to the outcome.

Q: Can you avoid a driving ban?

You may avoid disqualification if Special Reasons apply. We will advise whether this applies to your case.

Q: What if my reading was only slightly over the limit?

Lower readings usually lead to shorter bans, but the court still must impose a disqualification unless Special Reasons apply.

Q: What happens if I refuse to provide a specimen?

Failing or refusing to provide is an offence in itself and can carry harsher penalties than drink driving itself unless you have a reasonable excuse (e.g. medical condition).

Q: My drink was spiked. Can I defend the charge?

Potentially, yes. Evidence such as witness statements, CCTV, or toxicology results may support this defence. We can advise you on the merits.

A drink driving allegation is a serious matter and can have far-reaching consequences for your work, daily life and future ability to drive. If you’ve been charged, seeking advice from a specialist drink driving lawyer as early as possible is essential. Early guidance gives you the strongest chance of achieving a positive outcome.

Our experienced drink driving solicitors will support you at every stage, explain your options clearly, and work proactively to secure the best result for your case.

Speak to an expert

Why choose Irwin Mitchell?

Our dedicated drink driving lawyers have extensive experience reviewing cases, assessing the evidence, and advising clients on their options. Many people contact us without understanding the possible defences available to them. It’s common to assume the police charge is correct, even when errors may have been made.

Drink driving penalties can be severe, ranging from fines and community orders to lengthy disqualifications or even imprisonment. You shouldn’t navigate this alone, whether you intend to plead guilty or challenge the allegation.

With over 25 years’ experience in defending drink driving cases, we have a strong track record of success and high client satisfaction. Whether you wish to challenge the charge against you or seek the most lenient sentence, we have the expertise to help you.

How we can help

To secure a conviction, the prosecution must prove every element of the offence. We will review the police evidence in detail and advise you on any potential defences. These may include:

You were not driving or did not attempt to drive
You drank after driving
You drove only a very short distance
You drove due to an emergency
You were not fit to be detained at the police station
The police did not follow correct procedure
You were not warned about refusing or failing to provide
The alcohol reading is inconsistent with what you drank
Your drink was spiked or laced without your knowledge
A medical condition (such as acid reflux) may have inflated your reading
Blood/urine analysis is unreliable due to poor continuity or testing failures

We will explain the evidence against you, outline the strengths and weaknesses of your case, and help you understand all available options so you can make an informed decision.

If you enter a not guilty plea, we will gather supporting evidence, work with forensic experts where appropriate, and instruct specialist counsel to represent you at trial.

If you decide to plead guilty, we will prepare detailed mitigation on your behalf and work to secure the most lenient sentence possible.

Drink driving penalties – what you could face

Drink driving carries serious consequences, which may include:

Mandatory disqualification (unless Special Reasons apply)
A fine
A community order
Imprisonment in more serious cases

In limited circumstances, you may avoid disqualification altogether if Special Reasons apply. These include:

Only driving a very short distance
Driving because of a genuine emergency
Drinking unknowingly due to spiking

If Special Reasons may apply in your case, we will prepare the necessary evidence and represent you at the hearing.

Make an enquiry

Speak to our expert

We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Loren Hills

Associate Chartered Legal Executive

Find out more

Meet our experts

Loren Hills

Associate Chartered Legal Executive

Find out more

Frequently Asked Questions

Do all drink driving cases go to court?

How much can I drink and still be under the limit?

Is it worth getting a solicitor for drink driving?

Can you avoid a driving ban?

What if my reading was only slightly over the limit?

What happens if I refuse to provide a specimen?

My drink was spiked. Can I defend the charge?

What you need to know about working with us

These are our promises to you:

01
Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
02
Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
03
Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.