Driving Offences — Expert Legal Defence
Drink Driving Defence Solicitors in Chester
Facing a drink driving charge? Our specialist road traffic solicitors provide robust expert legal defence for all drink driving offences — from procedural challenges and hip flask defences to special reasons arguments that may prevent a ban.
Drink driving is a serious criminal offence. A conviction lasts 11 years on your licence and can affect employment, insurance, and travel. Early specialist legal advice is essential to protect your future.
The Offence
What is Drink Driving?
Drink driving — formally charged under section 5 of the Road Traffic Act 1988 — means driving or attempting to drive a motor vehicle on a road or public place with alcohol above the prescribed limit in your breath, blood, or urine.
A related offence under section 4 RTA covers driving whilst impaired by alcohol, even if you are technically under the legal limit. Being in charge of a vehicle while over the limit is also an offence, though it carries lesser penalties.
Drink driving is a criminal offence. A conviction results in a criminal record that remains on your driving licence for 11 years and can affect employment, professional licences, and travel to certain countries.
Even a first conviction carries a mandatory driving ban of at least 12 months. Early specialist legal advice from our expert legal defence team is essential to protect your rights and explore all available options.
Penalties on Conviction
- Mandatory minimum 12-month driving ban (3 years for a second offence within 10 years)
- Up to 6 months imprisonment
- Unlimited fine
- 3–11 penalty points on your licence
- Criminal record lasting 11 years on your driving licence
- New drivers: licence revoked and must retake test
- Employment consequences — especially for professional drivers
Legal Limits, Alcohol Levels & Expert Legal Defence
Legal Alcohol Limits & Levels of Alcohol
The legal limit for driving in England and Wales is 35 micrograms of alcohol per 100ml of breath, 80 milligrams of alcohol in 100ml of blood, or 107 milligrams of alcohol in 100ml of urine. Scotland has a lower limit of 22mcg per 100ml of breath.
Being unfit through drink — even below the legal limit — can result in a charge under s.4 RTA if your ability to drive is impaired. The police station procedures for breath testing, blood or urine samples must be followed correctly; any procedural error can undermine the prosecution case.
Drink driving cases are heard in the magistrates court. The court will consider the levels of alcohol, whether you were driving or attempting to drive, and any aggravating factors such as being involved in an accident or having a previous conviction.
An unlimited fine can be imposed alongside the mandatory driving ban. The court may also impose a community order or, in serious cases, a custodial sentence. Mental health issues and other mitigating circumstances may be relevant to sentencing.
Expert Legal Defence & Specialist Representation
Our specialist drink driving solicitors have successfully defended numerous cases across England and Wales. We provide expert legal defence and specialist representation from the moment of arrest through to the magistrates court hearing.
Drink driving offences require specialist knowledge of the Road Traffic Act 1988, statutory procedures for breath, blood and urine testing, and available defences. Our expert witness network includes toxicologists and medical professionals who can challenge prosecution evidence.
A drink driving charge does not always lead to conviction. We have successfully defended clients where procedural errors, faulty equipment, or the hip flask defence resulted in charges being dismissed. Even where conviction cannot be avoided, we can argue special reasons to avoid a driving ban.
If you are also facing a failing to provide a specimen charge, or need advice on totting up and driving bans, our motoring offences team can advise on all aspects of your case.
Related Driving Offences
Drink driving charges often arise alongside other motoring offences. Our specialist solicitors advise on all road traffic matters and related charges.
Drug Driving
Driving under the influence of drugs — s.5A RTA 1988.
Learn moreFailing to Provide Specimen
Section 7 RTA offences — reasonable excuse defence.
Learn moreDangerous Driving
Where driving falls far below the standard of a careful and competent driver.
Learn moreTotting Up / Driving Ban
Exceptional hardship arguments to prevent disqualification at 12+ points.
Learn moreCareless Driving
Driving without due care and attention — s.3 RTA 1988.
Learn moreProfessional Drivers
Taxi, HGV, LGV drivers — licensing hearings and Traffic Commissioner proceedings.
Learn moreYour Defence
Possible Defences to Drink Driving
Every case is different. Our specialist road traffic solicitors will analyse the evidence against you and advise honestly on whether you have a viable defence or the strongest possible mitigation strategy.
Hip Flask Defence
If you consumed alcohol after driving but before being tested, scientific evidence may show you were under the limit at the time of driving. This can lead to charges being dismissed before trial.
Procedural Errors
Police must follow strict procedures when administering breath, blood, or urine tests. Any deviation — including failure to offer a statutory warning or use of faulty equipment — can undermine the prosecution.
Faulty Equipment
Breathalyser devices must be properly calibrated and maintained. We can challenge the reliability of the device used and request maintenance records.
Medical Reasons
Certain medical conditions (e.g. diabetes, auto-brewery syndrome) can produce false readings or affect alcohol metabolism. We work with medical experts to build this defence.
Special Reasons
Even if you cannot avoid conviction, special reasons arguments (e.g. a genuine emergency, laced drink) may persuade the court not to impose a ban.
Not Driving / In Charge
Being in charge of a vehicle while over the limit is a lesser offence than drink driving. If you were not driving, we can challenge the charge or argue you had no intention to drive.
Transparent Pricing
Fixed Fees for Drink Driving Defence
We believe in transparent pricing. Our fixed fees for drink driving defence are confirmed in writing before you instruct us — no hidden costs, no surprises. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Drink driving (s.5 RTA) — Magistrates Court | From £1,440 |
| Drink driving (s.4 RTA — impairment) — Magistrates Court | From £1,440 |
| Being in charge whilst over the limit — Magistrates Court | From £900 |
| Special reasons hearing (no ban application) | From £600 |
| Drink driving — Crown Court appeal | From £2,400 |
What is included in the fixed fee
What to Expect
Likely Outcomes for Drink Driving
The outcome of a drink driving case depends on the level of alcohol, your driving, any aggravating factors, and your personal circumstances. Here is a guide to what the courts typically impose.
| Breath Reading (µg/100ml) | Typical Ban | Typical Fine |
|---|---|---|
| 36–59 µg (just over limit) | 12–16 months | Band A (up to 50% weekly income) |
| 60–89 µg | 17–22 months | Band B (75–125% weekly income) |
| 90–119 µg | 23–28 months | Band B–C |
| 120+ µg (very high) | 29–36 months | Band C (125–175% weekly income) |
| Second offence within 10 years | Minimum 3 years | Band B–C |
Based on Sentencing Council guidelines. Actual outcomes depend on individual circumstances. This is a guide only — not legal advice.
FAQs
Frequently Asked Questions
Is drink driving a criminal offence?
Yes. Drink driving is a criminal offence under section 5 of the Road Traffic Act 1988. A conviction results in a criminal record that remains on your driving licence for 11 years. It can affect employment, insurance, and travel to certain countries.
Is a drink driving conviction a criminal conviction?
Yes. A drink driving conviction is a criminal conviction. It will appear on a standard or enhanced DBS check for the relevant disclosure period and remains on your driving licence for 11 years. This can have serious implications for employment, particularly in roles requiring a clean criminal record or a driving licence.
What is the legal alcohol limit for driving in England and Wales?
The legal limit is 35 micrograms of alcohol per 100ml of breath, 80 milligrams per 100ml of blood, or 107 milligrams per 100ml of urine. Scotland has a lower limit of 22mcg per 100ml of breath.
Can I avoid a ban for drink driving?
A driving ban is mandatory on conviction. However, special reasons arguments — such as a genuine emergency or a laced drink — may persuade the magistrates court not to impose a ban. We will advise you honestly on whether you have a viable special reasons argument.
What is the hip flask defence?
The hip flask defence argues that you consumed alcohol after you stopped driving but before the police tested you. Scientific evidence (a back-calculation) can show that at the time you were actually driving, you were under the legal limit. This defence can result in charges being dismissed.
Are there drink driving lawyers near me in Chester?
Yes. PDA Law is based in Chester and our consultant road traffic solicitor Ritesh Chauhan specialises in expert legal defence for drink driving offences. We represent clients across England and Wales — not just locally. Call 01244 757352 for a free initial consultation.
Will I go to prison for drink driving?
Imprisonment is possible but not inevitable for a first offence. The court will consider the level of alcohol, your driving, any aggravating factors, and your personal circumstances. We will present the strongest possible mitigation on your behalf.
How long does a drink driving ban last?
A first offence carries a minimum 12-month ban. A second offence within 10 years carries a minimum 3-year ban. The court can impose a longer ban depending on the level of alcohol and aggravating factors.
Do you advise clients in North Wales?
Yes. We regularly advise clients charged with motoring offences across North Wales — including Wrexham, Flintshire, Deeside, Denbighshire, Conwy and Anglesey. We can advise remotely by phone or video call, or you can visit our Chester office which is easily accessible from North Wales via the A55 and A483.
What is the fixed fee for drink driving defence?
Our fixed fee for drink driving (s.5 RTA) Magistrates Court representation starts from £1,440 including VAT. This covers your initial consultation, review of prosecution evidence, advice on plea and likely outcome, preparation of your case, and representation at the Magistrates Court hearing. The exact fee is confirmed in writing before you instruct us.
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He regularly provides expert legal defence for drink driving charges — advising on the strength of the evidence, available defences, and the best strategy to protect your licence. He represents clients across Chester, Cheshire, North Wales and throughout England and Wales.
Charged with Drink Driving?
Contact our specialist road traffic solicitors in Chester today for a free, no-obligation consultation. Expert legal defence with fixed fees from £1,440 inc VAT — confirmed in writing before you instruct us.
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Your Motoring Defence Journey
What Happens Next — Your Steps After a Motoring Charge
Overview of all road traffic offences we defend — drink driving, speeding, dangerous driving and more.
Section 5 and s.4 RTA offences, procedural challenges, hip flask defence, special reasons.