Drink Driving Hospital & Borderline Cases

If you are facing charge for a borderline drink driving offence it is likely you provided a blood or urine sample in addition to or instead of a breath test. You may have been involved in an accident where you were taken to hospital and either a blood or urine sample was taken from you. If reading these pages whilst waiting to hear about your test results, then despite how bad it may seem to you right now to be facing a drink driving charge, there is a very strong chance that with our motoring law expertise, Geoffrey Miller Solicitors will be able to identify a number of drink driving defence strategies to secure your acquittal.

In fact, in 2012 we managed to preserve our 100% success rate in cases involving blood and urine.* Check out our news story about our drink driving defences successes throughout 2012 for more information. In 2013 our drink driving successes continued but with a minority of case convictions. Still, in 2013 we achieved 85 NOT GUILTY verdicts for drink driving cases.Our 2013 drink driving solicitors performance report sets out more detail of how we did.

Managing Director, Jeanette Miller is seen on the video below discussing the government's proposed changes to drink driving laws to close the "drink driving loopholes" they consider to be allowing too many drivers avoid prosecution. The laws are yet to be introduced but we think they are likely to lead to more unfair prosecutions rather than closing loopholes.

*Success rate includes cases that were lost at the Magistrates' Court but are the subject of appeal

Borderline Cases

If your breath reading was below 50 microgrammes, the police should have offered a second more accurate test of blood or urine. If you opted to provide one of these secondary tests, you may find that once the sample has been analysed, the result is below the legal limit. DO NOT WAIT for the result to come through before speaking to us. Getting in touch with us now can make a huge difference to the eventual outcome of the case. Check out Andy's story to see how glad he was that he got in touch and trusted our advice even though it conflicted with many other solicitors he spoke with.

The government are seeking to change the laws of borderline cases. Check out the video above or read Jeanette Miller's thoughts on the proposals in this drink driving blog. 

Hospital Procedure

The law surrounding what the police should and should not do when you are being treated at hospital is a minefield. Many experienced officers, through no fault of their own, make fatal mistakes when conducting the drink driving procedures and it is highly likely that when we scrutinise the evidence in your case, we will identify a number of issues we can validly and lawfully use to defend you against the drink driving charge you face.

Blood and Urine Samples

In addition to the procedures followed by the police, the CPS must also overcome a number of significant evidential hurdles when the sample being used as evidence of your alcohol levels is blood or urine.

At Geoffrey Miller Solicitors we are frequently successful in using defence strategies such as in the case in the England cricketer, Graeme Swann. In this case the volume of blood taken by the police was an issue which led to his acquittal. 

I have not been charged yet - When should I instruct you?

If you want to give yourself the maximum chance of staying on the road and avoiding conviction, even if you have been told there may be no charge, we would suggest you speak to us now. Many of the details we need to know to formulate drink driving defence strategies are likely to be long forgotten if you wait until the date you are due to go to the police station.

In drink driving cases, proof of being the driver can sometimes be questionable. However, the defences we use are rarely as straight forward as this kind of factual argument and we would always recommend that you engage experts to represent you if you are serious about saving your licence and record from conviction.

Not Sure What to Do?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ref me” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.


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