Arrested for drink driving? Get legal help now
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"Unbelievable work and result from Philip Somarakis and Loren Hills who saved me completely on two separate drink driving offences over 3 months, both which could have resulted in lengthy suspensions and heavy fines."
“Philip and the team were first rate. I cannot commend them enough.”
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Drink driving sentencing guidelines
Our top FAQ's
There are no set rules or guidelines on the exact alcohol consumption to ensure that you are below the limit. Alcohol limits vary for each person and this depends on a number of factors such as your height, weight, the period over which alcohol was consumed and the rate that your body metabolises alcohol.
You may be surprised to find that your reading from the breath test procedure states that you were over the limit, when you are 100% certain that you only had one single spirit and mixer to drink. Machines are not always reliable and for that reason we will obtain a mathematical calculation based upon the elimination of alcohol within your body to confirm what your exact alcohol limit should have been at the time of the breath test procedure. We will also investigate the whole procedure including your breath test procedure, your arrest and your detention at the police station.
You may wish to plead guilty and have the matter over and done with as quickly as possible. However, a driving ban is not the only consequences you may face following a conviction of drink driving. For instance, you may lose your job should this be dependent on you driving, your car insurance will significantly increase and you may need to declare your conviction when traveling abroad. It is therefore important that you have a legal representative to deal with any mitigation to reduce your sentence. We are able to assist you at your sentencing hearing and persuade the court to offer you a lenient sentence following completion of the Drink Driving Rehabilitation Course.
Your driving record will be endorsed and your conviction will stay on your record for 11 years.
Possibly. If you are employed in a regulated industry or your employer carries out DBS checks, you may be under an obligation to disclose the pending prosecution or conviction to your employer. We often obtain advice from our Employment Department who have reviewed client’s employment contracts and advised on their duty to disclose.
Yes. If you are unhappy with the Magistrates’ Court’s decision, you have a right to appeal your conviction and/or sentence to the Crown Court within 21 days of being found guilty. We can then apply to the court to suspend your disqualification pending the appeal hearing which may be listed 4-6 months following your original conviction. You will therefore be able to drive during this time.
You may be prosecuted for being drunk in charge of a vehicle.
This is a complex area which will need to be dealt with in court. There may be a situation where you need to leave as a matter of urgency even though you have been drinking e.g. threat of death/serious injury or a medical emergency. Such extreme examples can be an absolute defence to drink driving due to duress of necessity leading to a discharge. However, the level that must be proved is high i.e. was there no access to a taxi or ambulance. More likely, where these circumstances do not meet this threshold, they become ‘special reasons’ where in the first instance, the court will find you guilty of an offence of drink driving. However, as your defence lawyers, we will put forward an argument. We will then ask the court to reconsider the normal punishment you may face and avoid the mandatory disqualification.
You may find that you have to move your car from a hazardous parking space after you have consumed alcohol. This is a very difficult argument to put forward and the court does not look particularly favourably upon this. However, should there be a very good reason and you only drove a short distance, we could argue special reason for your conduct.
If the police reasonably suspect that you are driving whilst being over the limit, they can require you to provide a breath specimen. However, generally the police cannot carry out random breath tests.