Month: October 2025

Being charged with drink driving can be one of the most stressful experiences of your life. A conviction can have very serious consequences if you rely on your driving licence for your career or to care for loved ones. A guilty verdict may result in a heavy fine, a driving ban of at least one year, or even a prison sentence. 

But what if you genuinely believe you weren’t over the alcohol limit? Can a drink driving charge ever be withdrawn, and how can experienced drink driving solicitors help?

What happens if you’re charged with drink driving but believe you’re innocent?

Many people assume that once you’re charged, conviction is inevitable. However, this isn’t always the case. Our client recently found themselves in exactly this situation: charged with drink driving after a police test showed that the alcohol level in their urine was above the legal limit.

Despite this, our client was confident they hadn’t consumed enough alcohol to exceed the limit and wanted to plead Not Guilty. That’s where our team of specialist drink driving solicitors stepped in to help investigate and build a strong defence.

How can a drink driving solicitor help challenge the evidence?

In every drink driving case, the key to success lies in the detail. We instructed a forensic toxicology expert to assess our client’s true alcohol level based on what he had actually consumed. Expert analysis like this can help identify whether test results align with reality, or if there may be another explanation.

Just as importantly, we investigated whether police procedures were correctly followed when obtaining the urine samples. Drink driving law sets out strict rules on how evidence must be collected. If those rules aren’t followed properly, the reliability of the test results can be called into question.

What happens if the prosecution doesn’t disclose evidence?

To properly assess the case, we made a detailed disclosure request to the Crown Prosecution Service (CPS), asking for documents and records about how the test was handled. This information is vital to ensure a fair trial.

However, in this instance, the CPS was unable to provide the full disclosure we requested. Without it, the prosecution could not continue, and they ultimately decided to withdraw proceedings against our client.

What does this mean for others facing a drink driving charge?

This case shows that even when the evidence seems strong, there are valid legal grounds to challenge a drink driving charge. From incorrect police procedure to incomplete disclosure, many factors can affect the outcome.

If you’ve been charged with drink driving, it’s essential to seek legal advice immediately. An experienced solicitor can review the evidence, identify weaknesses in the prosecution’s case, and help ensure your rights are protected throughout.

When it comes to motoring offences, “drink driving” is often the term everyone knows. However, the law recognises several distinct offences, including “drunk in charge.” 

Understanding the difference can help drivers avoid serious penalties and protect their licences, especially if you rely on driving for work or family responsibilities.

What is drink driving?

Drink driving is one of the most serious driving offences in England and Wales. It occurs when a person drives or attempts to drive a vehicle while over the legal alcohol limit. The current legal alcohol limit is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine.

The consequences of drink driving are severe: fines, licence disqualification, and even imprisonment. For professional drivers, such as taxi or HGV drivers, the impact can extend to loss of employment and career damage.

What does “drunk in charge” mean?

Drunk in charge is different from drink driving. This offence occurs when a person is found in control of a vehicle while above the legal alcohol limit, but not actually driving. 

The law recognises that simply being in a position to drive while intoxicated is dangerous. For example, sitting in the driver’s seat with the keys in your hand could be enough to constitute the offence.

While the penalties for drunk in charge are generally less severe than for drink driving, they can still include fines, penalty points, and a driving ban. Professional drivers or those who depend on their licence may still face significant personal and financial consequences.

How are these offences proved?

The key difference lies in the element of driving. For drink driving, the prosecution must prove that you were actually driving or attempting to drive while over the legal limit. For drunk in charge, the focus is on whether you were in control of the vehicle while intoxicated, even if stationary.

Police may use breath tests, blood tests, or witness evidence to determine your level of intoxication. Refusing to provide a specimen can itself lead to severe penalties.

Can you challenge a drunk in charge or drink driving charge?

Yes, in some cases, legal defences may be available. These could include issues with how the breath test was conducted, procedural errors by law enforcement, or evidence that you were not in control of the vehicle. 

A drink driving solicitor experienced in motoring law can advise on whether a defence may be viable and help minimise the impact on your licence and employment.

Why professional drivers should take this seriously

For taxi drivers, HGV drivers, and those relying on their licence for work, even a single conviction can have long-term implications. It’s important to seek expert legal advice immediately if you are facing a drink driving or drunk in charge charge.

Understanding the difference between drink driving and drunk in charge is crucial for protecting your licence and your livelihood. While the offences are similar, the legal definitions and potential consequences differ. Seeking timely legal advice can help you navigate the process and potentially reduce the impact of a conviction.