Road traffic law

Drink driving.

A drink driving charge puts your licence, your job and your independence at risk. We’ll explain where you stand and represent you at court.

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What a drink driving charge means

Under section 5 of the Road Traffic Act 1988 it is an offence to drive, attempt to drive, or be in charge of a motor vehicle with alcohol above the prescribed limit. In England and Wales the breath limit is 35 microgrammes of alcohol in 100 millilitres of breath. Separate offences cover driving while unfit through drink or drugs, and failing to provide a specimen for analysis without a reasonable excuse.

A conviction for driving or attempting to drive over the limit carries an obligatory disqualification of at least 12 months. The minimum rises to three years if you have a relevant previous conviction within ten years. Being in charge of a vehicle over the limit is treated differently: the court may impose penalty points or a discretionary disqualification instead.

Early advice matters. The way the police carried out the procedure, the reliability of the reading and the circumstances that led to you driving can all be important. In some cases there may be special reasons, such as a drink that was spiked or a very short distance driven in an emergency, which allow the court not to disqualify.

We review the police evidence and procedure with you, advise you honestly on your plea, and represent you at the Magistrates’ Court. If you plead guilty or are convicted, we put forward mitigation and, where it applies, ask the court to offer the drink-drive rehabilitation course, which can reduce the length of a ban.

What we do for you

  • Driving or attempting to drive over the limit
  • Being in charge of a vehicle over the limit
  • Failing to provide a specimen
  • Driving while unfit through drink or drugs
  • Special reasons arguments
  • Mitigation and drink-drive rehabilitation courses

Drink driving matters we deal with

We advise and represent people at every stage, from the police station to sentence.

  1. Over the prescribed limit

    Driving or attempting to drive with alcohol above the legal limit.

  2. In charge

    Being in charge of a vehicle over the limit, even without driving it.

  3. Failing to provide a specimen

    Failing to give breath, blood or urine without a reasonable excuse.

  4. Unfit to drive

    Driving or being in charge while unfit through drink or drugs.

  5. Special reasons

    Circumstances of the offence that may allow the court not to disqualify.

  6. Repeat offences

    Cases where a previous conviction means a longer minimum ban.

How we handle your case

Clear advice from the start, then careful preparation for court.

  1. First conversation

    Tell us what happened and share your charge sheet or postal requisition. We’ll explain the charge and what is at stake.

  2. Reviewing the evidence

    We examine the police evidence and the procedure that was followed, and identify any issues in your case.

  3. Advice on plea

    We give you honest advice on whether to plead guilty or not guilty, and whether special reasons may apply.

  4. Representation at court

    We represent you at the Magistrates’ Court, presenting your case or your mitigation as clearly as possible.

Wasef Ali

Key contact

Wasef Ali

Solicitor, road traffic and criminal defence

Wasef defends road traffic and criminal cases, and provides meticulous representation and client care in the Magistrates’ and Youth Courts. He joined Liberty Law Solicitors in 2013, completed his training contract with the firm and is an accredited police station representative.

24-hour line 01582 853 783 Request a callback

What our clients say

Real feedback from the people we have represented, published on ReviewSolicitors and Google.

Craig Woods
Craig Woods
★★★★★
Contacted liberty law and from start to finish very happy with the whole process very helpful polite and easy to deal with they real do now there stuff
Karen
Karen
★★★★★
I could not recommend this firm enough. They manage to maintain complete professionalism whilst also being personable. Rasheda and Dean clearly explained every step of the process from beginning to end, with Dean taking the time to explain all of legal jargon. I really appreciated this as it made, what started as a daunting experience, so much easier to complete. I am so glad that I took the time to look around and read reviews before choosing any local firm. It really made a difference. Thank you Liberty Law.
Muhammad Khan
Muhammad Khan
★★★★★
Liberty Law took over my case at its hardest point. Dean Garrett was calm, straight-talking and on top of every detail from the first call: he strengthened my case, instructed an outstanding barrister, and his judgement was right at every turn. Rasheda kept everything running smoothly behind the scenes — calls arranged, documents where they needed to be, nothing ever too much trouble. My case concluded on day two of the final hearing, with an outcome I was very pleased with. They believed in my case when it mattered, and they delivered. Highly recommended.
Chapo
Chapo
★★★★★
I had an excellent experience. They were professional, knowledgeable, and always kept me informed throughout the process. They took the time to answer my questions, provided clear advice, and worked hard to achieve a great outcome. I highly recommend their services to anyone looking for reliable and dedicated legal representation. If you are looking for professionalism and results you have come to the right place!!
Tinksy 37
Tinksy 37
★★★★★
Cannot thank the guys enough my solicitor went absolutely above and beyond
Abdul Basit
Abdul Basit
★★★★★
I contacted Liberty Law Solicitors regarding one of my legal cases. Throughout the past year, Mr. Faris Nazar handled my case with exceptional dedication, honesty, sincerity, and professionalism. Thanks to his hard work and expertise, I was ultimately successful in my case. I can confidently say that this firm is highly professional and genuinely committed to serving its clients. They have earned my trust, and I would highly recommend their services.👏
Mohammed
Mohammed
★★★★★
Where do I even start from the start to the very end they delivered I can’t thank the team and Itsam Malik enough for the results we was looking at 16-20 years and they got it down to 3 years which turned into 10 months the whole team and Itsam malik are great people!
M. T
M. T
★★★★★
I cannot thank Liberty Law Solicitors enough for the support and representation I received during a very difficult and stressful time. My solicitor Dean Garrett was honest, clear, and professional from the outset, explaining my situation and the possible outcomes without giving false reassurance. I really appreciated that level of transparency. The preparation for the hearing was thorough and made a real difference. I felt well guided throughout the process and was able to stay calm and focused because of the support I received. I am very grateful for the work carried out on my case and would highly recommend Liberty Law Solicitors to anyone in need of strong, honest, and professional legal representation.
Kamal Hussain
Kamal Hussain
★★★★★
I recently sought advice and support from Atiq at Liberty Law Solicitors regarding an employment matter. I’m genuinely grateful for the way Atiq handled everything. He made the whole process feel manageable, took the time to explain things clearly, and provided steady reassurance throughout. Knowing I had someone knowledgeable and dependable guiding me made a big difference. It’s incredibly reassuring to have Atiq and the team at Liberty Law in your corner. I can’t recommend them highly enough.
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Questions people ask

General information, not advice on your case. For that, speak to us — the first conversation costs nothing.

What is the drink drive limit in England and Wales?

The limit is 35 microgrammes of alcohol in 100 millilitres of breath. There are equivalent limits for blood and urine. Scotland has lower limits, so this page covers England and Wales only.

Will I lose my licence?

Driving or attempting to drive over the limit carries an obligatory disqualification of at least 12 months, or at least three years if you have a relevant previous conviction within ten years. A ban can be avoided only if the court finds special reasons. We’ll tell you honestly whether that may apply to you.

What is the drink-drive rehabilitation course?

If you are disqualified for 12 months or more, the court may offer you a place on an approved course. Completing it can reduce the length of your ban by up to a quarter. You pay for the course yourself.

What are special reasons?

Special reasons relate to the circumstances of the offence, not to your personal circumstances. Examples include a drink that was spiked without your knowledge or a very short distance driven in a genuine emergency. If the court accepts them, it may decide not to disqualify you.

I wasn’t driving. Can I still be charged?

Yes. Being in charge of a vehicle while over the limit is an offence in its own right. There is a defence if you can show there was no likelihood of you driving while you remained over the limit.

Nothing on this page is legal advice, and no solicitor–client relationship is created by reading it. Every case turns on its own facts.

Tell us what has happened.

The first conversation costs nothing and commits you to nothing. Two offices, one emergency line, and a solicitor at the end of it.

Luton office

01582 853 783
43 Windmill Road
Luton LU1 3XL

9am to 5.30pm, Monday to Friday

London office

0208 528 1019
107–111 Fleet Street
London EC4A 2AB

9am to 5.30pm, Monday to Friday

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24-hour line 01582 853 783