Being charged with a second drink driving offence is very serious, particularly if you rely on your licence for work or family responsibilities. Many drivers assume that a second offence automatically means a lengthy ban with no room for argument.
While the courts do treat repeat offences harshly, the reality is more nuanced. With the right legal strategy, drink driving solicitors in London can sometimes reduce the length of a ban, challenge the prosecution’s case, or limit the wider impact of a conviction.
What is the law on repeat drink driving offences?
If you are convicted of drink driving twice within ten years, the court is required to consider you a high-risk offender. Penalties can include:
- A longer driving ban
- Higher fines
- Possible custodial sentences in more serious cases
However, “mandatory” does not mean unquestionable. The prosecution must still prove its case beyond reasonable doubt, and the correct legal process must be followed at every stage.
Can drink driving evidence be challenged?
One of the biggest mistakes repeat offenders make is assuming the evidence cannot be challenged simply because they have a prior conviction.
In reality, specialist drink driving solicitors will carefully examine:
- Whether the vehicle stop was lawful
- Whether breathalyser equipment was calibrated and used correctly
- Whether blood or urine samples were taken, stored and analysed in line with regulations
- Whether custody procedures were followed properly
Any procedural failure can weaken the prosecution’s case, regardless of previous convictions.
Can a driving ban be reduced?
While avoiding a ban altogether on a second offence is rare, reducing the length of the ban is often possible.
Your solicitor may argue for:
- A shorter disqualification period
- Eligibility for a drink drive rehabilitation course, which can reduce the ban by up to 25 per cent
- A sentence that reflects genuine rehabilitation and changed behaviour
Courts are more receptive when mitigation is well-prepared and supported by evidence, rather than last-minute explanations.
How does “exceptional hardship” apply to drink driving cases?
Unlike totting-up offences, drink driving cases do not allow formal “exceptional hardship” arguments in the same way. However, the wider impact of a ban can still be relevant.
If a disqualification would:
- Cause job losses
- Affect vulnerable dependants
- Severely impact essential services (such as taxi or HGV work)
These factors must be presented carefully and realistically. Specialist solicitors know how to do this without damaging credibility.
Why specialist representation matters for repeat driving offenders
Repeat drink driving cases require a different level of expertise. Courts expect higher standards of accountability, and poor legal representation can lead to unnecessarily severe outcomes.
Experienced drink driving solicitors understand how repeat cases are viewed and how to present your circumstances in the strongest possible way.
If you are facing a second drink driving charge, early advice is critical. Speaking to experienced driving offence solicitors could help reduce the impact on your licence, your livelihood and your future.
Confidential, specialist advice is available before your case reaches court.