It’s that time of year again with the festive season with office and family parties providing many people with a temptation to drink more than they normally would. Chris Loach, Criminal and Regulatory Offences Partner at Enoch Evans LLP explains the implications of drink driving.

The law imposes strict sentences for people convicted of drinking and driving and there is a mandatory 12 months disqualification for people convicted of drink drive related offences. A second conviction within 10 years beings a mandatory 3 year disqualification however the Courts can be persuaded to allow an offender to attend a Driver Rehabilitation Course and earn a quarter reduction in the disqualification period.

The Magistrates Sentencing Guidelines recommend more severe penalties where the alcohol reading is high. The legal limit is 35mcg in breath but for defendants with a reading of 120 mcg a starting point of 12 weeks custody and a disqualification of between 29-36 months is suggested. Other aggravating features the Court would take into account include involvement in or causing an accident, bad driving, or driving where there is a high level of traffic or pedestrians in the vicinity.

Failing to provide a specimen for analysis carries the same penalties as excess alcohol and one can end up disqualified for failing to provide specimens of breath or blood unless able to satisfy the Court of medical reasons preventing the giving of a sample.
Even those who are only in charge of a vehicle for example sitting in a car in possession of the keys are at risk of disqualification and the offence carries 10 penalty points. Enoch Evans LLP have successfully defended cases based on whether one is in charge of the vehicle or proving that there was no real prospect that the defendant would drive whilst over the limit.

However not everyone charged with these offences is guilty or will be disqualified. Enoch Evans LLP have successfully defended cases challenging evidence that the Defendants drove, challenging the police procedures in breath and blood samples and avoided disqualification for defendants on the basis of laced drinks, shortness of distance driven and driving in an emergency.

Over the Christmas period many people may be tempted to have another drink before they drive and the only way to ensure avoiding the real risks and penalties involved is not to drink and drive.

If you would like more information please contact Chris Loach on (01922) 720333 or email him at ctl@enoch-evans.co.uk

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