Drink Driving

M.A.J. Law are the market leaders in drink driving defence. Our team of
specialist solicitors have years of experience representing clients
throughout courts in England and Wales. We are able to explain in
straightforward terms what is likely to happen in your case.
Things we can help you with:
  • Finding fault with police procedure
  • Challenging device calibration
  • Identifying defences
  • What to do next
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or call us on: 0151 422 8020

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M.A.J. Law is a market leading drink driving defence firm.
Our team of specialist solicitors have years of experience in representing clients throughout courts in England and Wales.

We are able to explain in straightforward terms what is likely to happen in your case.

0151 422 8020

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

92%

of Drink Driving
Cases Won

*

Drink Driving Solicitor 2017 Update

M.A.J. Law has recently secured an exclusive contract with a number of high-profile specialist barristers, known widely for their case victories. This means that by instructing M.A.J. Law, you are also gaining exclusive access to some of the country’s leading motoring defence barristers.

There is no secret to our success as a specialist motoring defence firm and we’d be happy to talk you through your options completely free of charge.

It is important to consider all your options.  The starting point is to check the evidence produced by the prosecution service. A breath reading over the prescribed limit will not automatically make you guilty.
Conor Johnstone

Drink Driving Breath Cases – Key Points 

  • The legal limit in an alcohol breath test is 35 microgrammes of alcohol per 100 millilitres of breath (µg%).
  • A motorist who’s breath reading is 39µg% or less will not usually be charged. This is because the Evidential Breath Machine (EBM), even when calibrated, can over-estimate a person’s breath reading.
  • If you provide a breath reading of 87.5µg% or above, you will be branded a ‘High Risk Offender’. This means that you will be required to undertake and pass a DVLA medical before you’re entitled to your licence back. You can read more about the High Risk Offenders Scheme here.
  • The Magistrates’ Court Sentencing Guidelines state that a custodial sentence starts when a person blows 120µg%, even if they’re a first time offender.
  • The minimum disqualification period available is 12 months (based on a breath reading of 40µg%), providing a special reasons argument has not been advanced. This can be reduced to 9 months with a Drink Driving Rehabilitation Course.
  • A previous conviction for drink driving within 10 years will increase the overall disqualification to three years.

Providing a positive breath sample will not necessarily make you guilty of drink driving. It’s important that you consider the case as a whole and take the opportunity to check the evidence against you. You may be surprised to find that it doesn’t exist.

The police and the courts like to ‘process’ drink driving prosecutions very quickly. This can lead to motorists feeling pressured into making hasty decisions, often without full knowledge of the options available.

The team at M.A.J. Law have specialist knowledge of drink driving case law and statute – often winning cases by advancing complex legal arguments and unique defence strategies. We also work closely with independent expert witnesses, toxicologists and forensic scientists who can provide evidence to strengthen your defence.

  • Do you have a statutory or common-law defence?
    Don’t worry if you’re not sure. M.A.J. Law can talk you through your options and identify any available defence immediately.
  • Is the evidence against you strong enough to prove each and every element of the offence beyond all reasonable doubt?
    Due to funding shortages and administration problems, the CPS rely on people pleading guilty at the first court hearing. By pleading not guilty, you force the CPS to provide the evidence within 28 days.
  • Did the officer lawfully obtain two specimens of breath from you whilst contemporaneously completing the MGDDA document?
    If there is fault with the evidence, our team will find it. This could secure your acquittal.
  • Was the completing officer (and device operator) correctly trained and authorised to conduct the evidential breath test procedure?
    Many officers do not receive formal training and cannot produce a verified training certificate.
  • Was the Evidential Breath Machine correctly calibrated and serviced inline with the strict requirements implemented when the device was type-approved?
    Our team of independent experts will consider all aspects of the device’s functionality. EBM’s are discussed in more detail towards to end of this page.
  • If the evidence is not provided by the CPS, before the trial, you should not be convicted.
    In 2015, over 85% of cases that proceeded to trial had evidence missing. This would likely lead to the case against you collapsing.

Due to the number of ways we can challenge a drink driving breath test case, it’s impossible to discuss all drink driving defences in depth on a single page. We have therefore summarised the main points below.

We would strongly advise that you contact our team of specialist solicitors who will be able to outline your options and discuss a defence strategy suitable for your circumstances. We are confident that following a phone call to our team, you’ll have complete peace of mind.

  • Finding fault with the police procedure

Your breath alcohol concentration will reduce as you eliminate and ‘burn off’ the alcohol that you have consumed, the speed at which you do so is known as your ‘elimination rate’.

In fact, alcohol can be eliminated at such a rate that there’s a risk that you will fall below the prescribed limit by the time you are placed on the evidential breath test machine (EBM) at the police station, even if your roadside reading was high.

The difficulty the police face is that the roadside reading is non-evidential, meaning it can’t be used as evidence in court. If you fail at the roadside, the police will want to get you to the station as quickly as possible, in order to get the highest breath reading from you on the evidential device.

This can often lead to police officers shortcutting or skipping the important procedures that should be completed before you’re placed onto the EBM. If you felt like you were being rushed through the process, you may not recall the MGDDA procedure for example.

  • The MGDDA Procedure

Police forces now have available to them a standard ‘dummies guide’ pro forma (approved by the Association of Chief Police Officers) to try to prevent the police breaching procedure and obtaining unreliable and unlawful specimens of breath – or at least, that was the idea. In theory, it’s idiot proof. In reality, it’s an inconvenience.

This document, the MGDDA, contains in excess of 20 questions and a number of legal requirements. This procedure should be completed in your presence by the officer before he places you onto the evidential breath test machine. Don’t worry if you can’t recall it; there’s a chance it wasn’t completed.

N.B. Don’t mistake the MGDDA procedure with the ‘checking-in’ procedure completed at the custody desk.

As above, it doesn’t take an expert to know that the level of alcohol in your body will reduce as time passes. Of course, if the officer were to spend 30 minutes asking you the relevant questions, noting your responses, ticking the correct boxes and reading the legal warning, there’s a very good chance that the level of alcohol now remaining in your body would be substantially lower than at the roadside, you may even be below the prescribed limit. An outcome any officer will want to avoid.

M.A.J. Law find fault with drink driving breath procedure in over 85% of cases, usually leading to a complete acquittal.

  • Civilian Officers

We’re all aware of the struggle faced by front-line services as a result of increased budget cuts. As a cost-cutting measure, a number of police forces now employ civilian staff members to carry out day-to-day work within the police station (e.g. preparing meals for detainees).

In an attempt to get ‘more for its money’, the police force broadened the responsibilities of civilian officers. As a result, you will often find them completing the breath test procedure, rather than using the ‘bobby on the beat’ (whose time is more expensive).

The difficulty here, however, is that a civilian member of staff is not a constable and, by law, cannot give the important legal requirements detailed in the MGDDA document. In short, if the civilian gave you the warning, you cannot be convicted.

Indeed, you may recall that the procedure was, in fact, conducted by one of the officers who had arrested you or even the custody sergeant. If this is the case, is does not mean the the procedure was correct. Often the lack of formal training, coupled with the pressures placed on individual officers, results in them not understanding, or appreciating, the importance of the MGDDA procedure.

  • Device Calibration

M.A.J. Law has expert knowledge of the second generation of Evidential Breath Testing Devices currently in use in the UK. This means that we can often advise you on the merits of challenging the accuracy of the EBM without having to consult an independent expert (thus saving you time and money).

If, following our initial review, you decide to instruct one of our independent experts, we can then obtain a full expert report focusing on the particular issue. Most of our experts have arrangements in place with UK laboratories and machine manufacturers, meaning we can gain exclusive access to important records without having to go through the CPS’s lengthy disclosure process.

There are three EBM’s currently in use in England and Wales, all of which are type-approved by the Secretary of State. These are:

1. The Lion Intoxilyser 6000 UK
2. The Camic Datamaster
3. The Intox EC/IR.

By law, you should have been provided with a copy of the printout produced by the machine at the end of the procedure (it looks very similar to a till receipt). This printout contains very limited data, but it can be particularly helpful. If you are not provided with a copy, there is no evidence of the machine’s calibration (thus the court should not convict you).

Drink Driving Charges: Sentencing Guidelines

Below are the Magistrates’ Court Sentencing Guidelines. These are used by courts across England and Wales when sentencing for a drink driving offence. You can also use our Drink Driving Penalty Calculator to get an indication of what your sentence might be.

Drink Driving / Driving with Excess Alcohol

Breath alcohol level (mg) Blood alcohol level (ml) Urine alcohol level (ml) Starting point Range Disqualification (first offence) Disqualification (2nd offence in 10 years)
36 – 59 81 – 137 108 – 183 Band C fine Band C fine 12 – 16 months 36 – 40 months
60 – 89 138 – 206 184 – 274 Band C fine band C fine 17 – 22 months 36 – 46 months
90 – 119 207 – 275 275 – 366 Medium level community order Low level community order – high level community order 23 – 28 months 36 – 52 months
120 – 150 and above 276 – 345 and above 367 – 459 and above 12 weeks custody High level community order to 26 weeks custody 29 – 36 months 36 – 60 months
    • Software, Components and Type Approval
      Any modifications, replacement components or software upgrades could affect the device’s Type Approval. Often, due to lack of knowledge and training, police forces don’t realise that they are required to obtain a new approval order in these circumstances, thus rendering the device non-evidential.
    • Calibration, Service and Maintenance
      All the devices should self-calibrate at the beginning and end of the cycle. They do this by running a compressed mixture of alcohol vapour supplied by the ‘gas simulator’ to the machine. The vapour is set at the legal limit of 35µg%. Due to the complexities surrounding the functionality of an evidential device, they can very quickly go wrong, particularly if not correctly maintained. As specialist defence solicitors, we would usually obtain copies of the calibration records, service records and maintenance logs. The CPS may drop your case rather than release these records (usually if there’s fault with this evidence).
    • Interfering Substances, Mouth Alcohol and Organic Contaminants
      The second generation of EBMs currently used in the UK were first introduced in 1998. As such, the technology used is unpredictable and outdated (using infra-red light or fuel cells). Consequently, a device may fail to detect any substance that could falsely inflate your breath reading (such as medication, mouth alcohol, reflux etc.). This could exist if there is a disparity between the two breath readings provided on the EBM.
    • Timings, Operational Sequence and Documentary Evidence
      The printout provided by the police should illustrate the device’s operational sequence. For example, the Lion Intoxilyzer gives the subject 3 minutes in which to provide his first specimen, and a further 3 minutes to provide his second. All the associated timings should be detailed on the printout.

If you are charged with drink driving, a motoring defence solicitor may use one of a number of defences in court. A few examples include ‘the hip flask defence’, arguing post driving consumption, and technical defences. To read more about these defences, as well as a number of others, please see the ‘Drink Driving Defences’ document on the Resources page.

Here at M.A.J. Law, we are completely transparent about our fixed fee pricing structure, as well as any potential additional costs that might be incurred throughout your case, so you can ask us about your drink driving case cost with confidence.

we promise that our quoted fixed fees will not change, even if your case becomes more complicated than originally anticipated. Over the years, our team of specialist solicitors have built long-lasting, honest and trustworthy relationships with each and every client. This has helped us become one of the leading drink driving defence solicitors in the UK.

M.A.J. Law also employs a number of Cost Recovery Administrators who will process your Defence Costs Order immediately  (following a case victory). This allows you to claim back your costs from the Central Funds Office of the Government (subject to assessment).

Choosing the right solicitor for your drink driving case is vitally important. There is a genuine and honest belief amongst our team that we are the best motoring defence solicitors in the UK (and our clients agree!). We challenge all cases with a positive attitude and will never ‘throw in the towel’. It’s this mindset that has allowed us to quickly become one of the leading drink driving defence solicitors in the UK.

We aim to make choosing a solicitor as easy as possible for you. Consider the following points:

  • Make sure you speak to the solicitor who will be handling your case.
  • Check there is no charge for initial advice.
  • Can you call your solicitor outside office hours?Nasty letters from the police or the court have a habit of arriving on a Saturday morning. It’s a long time to spend worrying if you have to wait until Monday morning to speak to your solicitor.
  • Is your solicitor a specialist on motoring law and, in particular, drink & drug driving law?
  • Does your solicitor have a proven track record? Ask to see testimonials from other clients.
  • Does your solicitor have established contacts with expert witnesses and specialist senior barristers?

Our senior solicitor, Marcus A. Johnstone, discussing drink driving offences:

*blood cases after trial, from January 2015 to November 2015

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