• Drinking & Driving
    Drinking and driving offences carry a minimum 12 month ban. Have you been accused? We can help…

Drink Driving Defences

Have you been arrested for drinking and driving?

Don’t Risk a Drink Driving Ban! We’re here to help you keep your licence. For FREE no-obligation, expert advice, ask us a question using the ‘Ask Us a Question’ buttons.

Driving Conviction Offence Codes: DR10, DR20, DR30, DR40, DR50, DR60, DR70

Drinking and Driving is covered by Section 4(1) & Section 5 of the Road Traffic Act 1988

Drink Driving Penalties First offence:

  • 12 Month Minimum Ban
  • Large Fine (means tested)

Drink Driving Penalties 2nd Offence:

(if second offence is within 10 years of first)

  • Minimum 3 year ban
  • Large Fine (means tested)

Special Reasons Arguments

(These are not a defence but you may be able to show that there are special reasons in your case and that you shouldn't be banned for drunk driving. A special reasons argument is like a trial and you have to give evidence on oath). Often considered to be getting off drink driving on a technicality.

  • Your drinks were laced without your knowledge and you didn't realise that you were over the legal limit.
  • You had to drive because it was an emergency and you had no other choice.
  • You only drove a very short distance and you didn't put any other drivers / pedestrians at risk.

Drunk in Charge

In Charge of a Motor Vehicle Whilst Over the Drink Driving Limit

The 'in charge of a vehicle' offence normally occurs when you get caught sat in your car with the keys while you are over the drinking and driving limit. People sometimes thinks its okay to sleep in their car rather than drive home - which might seem like a good idea at the time..!

Offence Code: DR40

In Charge While Over the Limit Penalties:

  • 10 Penalty Points
  • Discretionary ban

Being drunk in charge of a vehicle carries 10 points and the power to impose a discretionary ban if you are caught. You can defend this allegation if you can convince the court that you wouldn't have driven until the alcohol in your system had reduced below that of the legal limit. A pharmacologists' report to show how long it would have taken for the alcohol to reduce below the limit.