Excess alcohol / Driving while unfit

Any person convicted of driving with excess alcohol or driving whilst unfit through drink or drugs faces automatic disqualification and, in serious cases, may even risk imprisonment.

For these reasons, specialist advice at the earliest opportunity is essential.

If you have been charged with driving with excess alcohol, the Prosecution will have to prove that you were driving with excess alcohol in your breath, urine or blood. The present drink drive limits are as follows:

When a police officer has reasonable grounds to suspect that a person is driving with excess alcohol he can require that person to perform a roadside breath test. If this provides a positive reading the driver will be arrested and taken to a police station where a further “evidential test” is required.

A refusal to provide a specimen without reasonable grounds is a separate offence.

There are a number of devices presently used by the police to provide alcohol reading. The most common machines used are the Lion Intoxilyzer 6000 UK and the Intoximter EC/IR . There are complex and technical rules governing the correct operation of every machine and any police officer using the machine must have the appropriate training. If the correct procedure is not adhered to, it may be impossible for the prosecution to rely upon the reading in court and you would be found not guilty.

Our team of lawyers, who are amongst the country’s leading experts in this field, will consider the evidence in your case and take your full statement before providing you with our views of the merits of defending a prosecution or pleading guilty. We will do this for a relatively low fixed fee so that you do not have to commit to spending significant fees in order to see if there is any way of defending the prosecution.

Avoiding disqualification

Driving whilst unfit and driving with excess alcohol carry a compulsory disqualification unless 'special reasons' arise. These may arise if the vehicle was only driven in circumstances of emergency, for example to take someone to hospital when no other alternative was available. It may also arise if a person drove after having their drink 'laced'.

Keith Park Solicitors can advise you as to whether 'special reasons' arise in your case and can assist you to prove such 'special reasons' in court. Where such reasons are found to exist, disqualification can be avoided.

Keith Park Solicitors can also offer representation with a view to keeping your disqualification to a minimum.