Drink Driving

Very few motorcyclists are convicted of drink driving, but if you are facing a drink driving charge you are facing a mandatory minimum 12 month ban (which can be reduced to 9 months on a first offence if a rehabilitation course is taken). There are numerous separate offences that can arise out of drink driving and the police usually pick the nearest to your circumstance.

You must co-operate with them obtaining a reading and cannot delay providing a reading to obtain legal advice.  Failure to co-operate is a separate offence with similar punishment.

There are very limited ways to deal with a positive alcohol reading as long as the police have followed the correct procedure and can show that the system was working properly. Challenges usually relate to whether the proper procedure was followed and/or whether the machine was working properly. For readings just above the limit the police also have to give you the option of a further sample. 

The Court can find special reasons not to disqualify, but only in truly exceptional circumstances. "Spiked drink" defences rarely work if you were so far over the limit that you would have had trouble walking in a straight line and should have known you were over the limit anyway. The fact you were so drunk your judgment was impaired will not work either.

Facing prosecution?  Contact our sister organisation Motor Defence Team on (0800) 2800912 or go to their website at www.motordefenceteam.co.uk

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