Knowledge Hub | Articles

21 January 2020

Driving - the morning after

At the end of a night out, having had a few drinks, the majority of people decide against driving home to avoid the risk of being arrested for drink driving. However, you can still be over the limit the next day and if you become involved in even a minor car accident you are likely to be breathalysed.

The fact that the driver was not responsible for the accident and feels in a fit state to drive does not mitigate the amount of alcohol in their body.

If found to be driving with excess alcohol a driver will be arrested and taken to the police station to provide an evidential sample of breath in order to show if the driver is over the prescribed limit and by how much. If found to be over the drink-drive limit a charge and court date will be set. There are a number of penalties for drink driving ranging from a custodial sentence to a financial one. There is also likely be a period of mandatory disqualification.

For some people the loss of a driving licence has far reaching implications from losing their employment to not being able to support a family.

The loss of a driving licence can also lead to added stress. We aim to reduce the stress and guide you through the process from arrest, police interview and any court appearance.   

In some cases of driving with excess alcohol there may be a legal defence available. These include technical or procedural reasons, the driving occurred on private property, the ‘hip flask’ defence in that the driver drank alcohol after driving and duress.

There may also be special reasons to avoid disqualification. A special reason is an extenuating issue that is not a defence but is directly connected to the commission of the offence and is something that should be considered when the Court imposes the sentence. An example of a special reason is a drink being ‘spiked’. 

Due to the technical nature of this area if you are charged with driving with excess alcohol it is crucial that you seek legal advice. If you need to talk to someone please contact James Constable, who is a specialist in motoring offences, on disputes@bpcollins.co.uk or 01753 279039.

James Constable

James Constable

Tel: 01753 279039 | 07341 566327

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