Drink and Drug Driving Offences
​ If you’re facing a drink or drug-related driving offence, our expert criminal defence team is here to guide you through the legal process and work towards the best possible outcome.
Charged with a drink or drug offence? We’re on your side
Convictions for drink-driving and drug-driving offences carry serious consequences from fines and driving bans to prison sentences. Whether you’ve been accused of drink driving, drug driving, or refusing to provide a sample, the legal process can be daunting and complex. That’s where we come in.
At LMP Legal, our specialist criminal defence solicitors will examine every detail of your case, from the lawfulness of the initial police stop to the accuracy of testing procedures and explore potential defences.
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We act fast, challenge evidence where appropriate, and fight for the best possible outcome, always with your rights and reputation in mind.
Common Drink and Drug Driving Offences
Drink Driving
Being over the legal alcohol limit whilst driving or attempting to drive are serious offences, with penalties ranging from a mandatory driving ban to imprisonment.
We will assess every element of your case, including breathalyser accuracy and whether procedures were properly followed.
We will explore potential defences including post driving consumption (“hip flask”), duress (a compelling reason to drive) and whether there is sufficient evidence for a conviction.
Refusing to Provide a Sample
It’s an offence to refuse to give a breath, blood or urine sample without a reasonable excuse.
We help you understand your rights and challenge unlawful demands or procedural breaches. The offence is only committed if the suspect fails or refuses to provide “without reasonable excuse”. Reasonable excuse might amount to a medical reason such as anxiety or asthma which might preclude someone providing a breath sample.
The procedural requirements on the police are strict. We will consider whether the police followed the procedures correctly and whether the testing equipment was properly calibrated and operating correctly.
Drug driving
​Driving and/or being unfit to drive through drugs or being over the prescribed limit in relation to the levels of a specified drug can lead to severe penalties.
In respect of illegal substances, you can commit the offence even if your driving is unaffected by the drugs. The threshold limits are very low, meaning that driving after taking very small amounts are likely to breach the law.
Our team will investigate the testing methods used and check for any police procedural errors.
We will also consider defences such as whether the drug was consumed involuntarily or after driving, building a defence tailored to the facts of your case.
​Being in Charge of a Vehicle – Drink or Drugs
Being in Charge of a Vehicle – Drink or Drugs
You can be prosecuted for being in charge of a vehicle having consumed alcohol or drugs or being regarded as while unfit due to drink or drugs even if you're not over the legal limit. Being “unfit” relies on evidence of impairment, such as your behaviour, appearance, or driving.
Being “in charge” of a vehicle means having control of it, even if not actually driving (for example sat in the driver’s seat) and usually arises either before or after driving.
We will explore whether the prosecution meets the legal test of proving that you were in charge or, or in control of, the vehicle and where possible construct a robust defence to protect your licence.
Drink and drug driving: what’s changing?
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While the core sentencing guidelines for drink and drug driving offences remain unchanged, recent trends show that courts and prosecutors are taking an increasingly tough stance — particularly where there are aggravating factors. These can include repeat offending, driving during high-risk times such as school runs, or having passengers in the vehicle, especially children. Even first-time offenders are facing longer disqualifications and larger fines when such elements are present.
Police forces across the UK have also ramped up roadside testing, especially for drug driving, following the wider rollout of mobile testing equipment in late 2023. This means more motorists are being stopped and tested at the roadside — and more cases are being brought forward with forensic evidence at the core.
In many areas of the UK, offences of drug driving are surpassing drink driving.
At the same time, Crown Prosecution Service (CPS) guidance now encourages a firm approach where refusal to provide a specimen is seen as an attempt to frustrate the investigation, usually resulting in immediate disqualification and potential custodial sentences.
At LMP Legal, we closely monitor these shifts to ensure our clients receive the most up-to-date and strategic defence possible. Whether you’re facing a charge for being unfit to drive, refusing to give a sample, or a straightforward reading over the limit, we’ll guide you through the process with clarity, care, and the legal edge you need to protect your future.
