Specialist DR10 defence — challenging the evidence, the procedure, and the breathalyser across England and Wales
Being charged with drink driving is one of the most serious motoring offences you can face. A conviction carries a mandatory minimum 12-month driving ban, a substantial fine, and a criminal record that can affect employment, insurance and even international travel. However, a charge is not the same as a conviction — there are many circumstances in which drink driving cases can be successfully defended or where penalties can be significantly reduced.
Our specialist drink driving solicitors have successfully defended hundreds of cases by scrutinising the evidence and prosecution procedure with forensic precision. We have secured acquittals where breath testing machines were not operating correctly, where the correct procedure was not followed at the police station, and where blood samples were improperly handled.
The legal alcohol limits in England, Wales and Northern Ireland are:
| Test Type | England & Wales Limit | Scotland Limit |
|---|---|---|
| Breath | 35 mcg per 100 ml | 22 mcg per 100 ml |
| Blood | 80 mg per 100 ml | 50 mg per 100 ml |
| Urine | 107 mg per 100 ml | 67 mg per 100 ml |
It is also an offence to be in charge of a vehicle whilst over the limit, even if you were not driving at the time.
| Code | Offence | Min. Disqualification |
|---|---|---|
| DR10 | Driving or attempting to drive with excess alcohol | 12 months |
| DR20 | Driving or attempting to drive while unfit through drink | 12 months |
| DR30 | Driving or attempting to drive then failing to provide specimen | 12 months |
| DR40 | In charge of vehicle while alcohol level above limit | 10 points |
| DR50 | In charge of vehicle while unfit through drink | 10 points |
| DR60 | Fail to provide specimen for analysis (in charge) | 10 points |
| DR70 | Causing death by careless driving with excess alcohol | 2 years minimum |
While drink driving is a strict liability offence once excess alcohol is proven, there are numerous technical and procedural defences that can result in an acquittal:
The Road Traffic Act 1988 and the Magistrates' Courts (Procedure) Act impose strict procedural requirements. Police officers must follow the approved procedure using an Intoxilyzer device (typically an Intoxilyzer 5000EN or Draeger Alcotest). If the 15-minute observation period before the test was not maintained, if the officer failed to provide the required warnings, or if the device malfunctioned, the evidence may be inadmissible.
All approved breath testing devices must be maintained, calibrated and operating correctly. We regularly obtain the calibration log and service records for the device used. A device that was not functioning within its stated tolerance on the date of the test produces unreliable results. Even small errors matter — the prosecution must prove the reading was above the limit, not merely possibly above it.
If you consumed alcohol after driving and before being tested, the alcohol in the sample may not reflect your level at the time of driving. This requires expert toxicological back-calculation evidence. We instruct forensic experts who can calculate your likely alcohol level at the time of driving based on consumption records and the time elapsed.
The police must have reasonable grounds to require a roadside breath test under s.6 of the Road Traffic Act 1988. If the stop was unlawful — for example, the officer had no basis for suspicion — the evidence obtained may be excluded.
Certain medical conditions, including diabetes and GERD (gastro-oesophageal reflux disease), can cause elevated or false readings on a breathalyser. Dental work and certain medications can also affect results. We work with medical experts to identify and evidence these issues.
If your drinks were spiked without your knowledge or consent and you were unaware that you were over the limit, this can amount to a special reasons argument. Even if you are convicted, the court has discretion not to disqualify where special reasons are established.
Sentencing for drink driving is governed by the Sentencing Council's guidelines. The severity of punishment increases with the level of alcohol above the limit and with aggravating factors such as a high speed, carrying passengers, or causing a collision.
| Breath Reading (mcg/100ml) | Starting Point | Disqualification Range |
|---|---|---|
| 36–59 | Band B fine | 12–16 months |
| 60–89 | Band B fine | 17–22 months |
| 90–119 | Band C fine | 23–28 months |
| 120–150 | Medium community order | 29–36 months |
| Over 150 | High community order | 36–60 months |
Drivers convicted of drink driving with a reading above certain thresholds (breath reading of 87.5 mcg/100ml or more, blood reading of 200 mg/100ml or more, or those with two drink driving convictions within 10 years) are classified as "high risk offenders". Before the DVLA will restore their licence at the end of the disqualification, these drivers must pass a medical examination to demonstrate they do not have an alcohol problem. Our team can advise on the medical examination process and how to prepare.
Our drink driving solicitors are available right now. Every minute counts.
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