Being charged with a drink driving offence is one of the most stressful and daunting experiences a person can face. From the moment you see the blue flashing lights, you enter a formal, rigid legal process where every step is governed by strict rules. The consequences of a conviction are life-altering: a minimum 12-month driving ban, a criminal record, an unlimited fine, and in serious cases, even prison. However, an allegation is not a conviction. The police must follow the correct procedure perfectly to prove their case.

Understanding this procedure is the first step to building a defence. At Motoring Defence, we believe that an informed client is an empowered one. Our specialist drink driving solicitors are experts in this process, scrutinising every stage for the errors that can lead to a case being dismissed. This is a step-by-step guide to the anatomy of a drink driving case, highlighting the critical points where a legal expert can intervene.

Stage 1: The Roadside Stop and Preliminary Test

The Procedure: The process begins when a police officer stops your vehicle. They must have a lawful reason to do so, such as witnessing a traffic violation, seeing erratic driving, or because you have been involved in an accident. If the officer has a reasonable suspicion that you have been drinking, they will ask you to provide a preliminary breath sample at the roadside.

The Solicitor's Scrutiny: While the result of this roadside test cannot be used as evidence to convict you in court, the procedure surrounding it is still vital. Was the initial stop lawful? Did the officer use the device correctly? While a failed roadside test leads to an arrest, any procedural errors at this early stage can sometimes be used to cast doubt on the overall integrity of the investigation later on.

Stage 2: The Police Station – The Evidential Procedure

The Procedure: This is the most critical stage of the entire process. After being arrested, you will be taken to a designated police station to provide an "evidential" sample. This is usually a breath sample provided on a large, Home Office-approved machine. If this machine is unavailable, or if you have a genuine medical reason for not providing a breath sample (such as severe asthma), you may be required to provide a sample of blood or urine instead. The entire police station procedure is, or should be, recorded on CCTV and documented on a form known as the MGDDA (Manual of Guidance Drink and Drug Driving).

The Solicitor's Scrutiny: This is where the majority of drink driving cases are won or lost. Expert drink driving solicitors will obtain and forensically examine the evidence from this stage. They will ask:

· Was the MGDDA procedure followed to the letter? This form contains a series of legally required questions and warnings that the officer must read to you. Any deviation can be a fatal flaw in the prosecution's case.

· Was the breathalyser working correctly? The machine must have been recently calibrated and functioning properly.

· Were you observed correctly before providing the sample to ensure you didn't burp, regurgitate, or consume anything that could contaminate the reading?

· Were you offered your right to legal advice?

A single procedural error at this stage can render the evidential sample inadmissible in court, causing the entire case against you to collapse.

Stage 3: The Charge and Bail

The Procedure: If your evidential sample is over the prescribed legal limit (35 micrograms of alcohol per 100 millilitres of breath), you will be formally charged with driving with excess alcohol. You will then be released on bail to appear at a Magistrates' Court on a specified date.

The Solicitor's Scrutiny: Once you are charged, your solicitor will begin preparing your defence in earnest. They will have formally requested all the evidence, including the MGDDA form, the breathalyser printout, and any CCTV footage from the station. Based on their analysis, they will provide clear advice on whether you have a viable defence or if the focus should be on mitigation. This is the point where the strategy for your court hearing is formed.

Stage 4: The Court Hearing – Defence, Mitigation, or Special Reasons

The Procedure: At your first court hearing, you will be asked to enter a plea of "guilty" or "not guilty."

The Solicitor's Scrutiny:

· If you plead "not guilty": Your solicitor will present the defence they have identified, whether it's a procedural error, a technical issue with the equipment, or a factual dispute like the "post-driving consumption" defence (arguing you only drank after you stopped driving).

· If you plead "guilty": The role of your drink driving solicitors is now to minimise the damage. They will present a powerful plea in mitigation to the court, highlighting all the factors that could persuade the magistrates to impose a more lenient sentence (e.g., a lower fine or a shorter ban within the guidelines).

· Arguing "Special Reasons": In certain rare cases, even if you are guilty, a solicitor can argue that there are "special reasons" why you should not be disqualified. These are not personal reasons (like losing your job) but reasons directly related to the offence itself, such as driving in a genuine emergency or having your drinks spiked without your knowledge.

The legal process for a drink driving allegation is a minefield. At Motoring Defence, our team of expert drink driving solicitors possesses a deep, technical knowledge of this procedure. We don't just look at the final reading; we scrutinise every step the police take to find the errors that can protect your licence and your future. If you have been arrested, contact us immediately for urgent advice.