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drink driving charge


New member
Hi, I got charged with drink driving last night. It is my first offence. My BAC was listed under incomplete specimens as 157 and 128. Will I spned time in prison? I have read through the guidelines but I am uncertain about sentencing. Please advise.
For any reading of between 120 - 150 in breath the Court is bound to consider whether or not to impose a custodial sentence. Whether it will or not depends on the circumstances of the offence and your mitigation.

Whilst a custodial sentence cannot be ruled out it should be avoidable with the right mitigation and the right representation.

In relation to the incomplete breath specimen, and large difference between the two levels provided, it may be that the breath macine used by the police was not operating or operated correctly.

It is important to have this confirmed by a motoring Solicitor. If this is confirmed then it is possible to defend your case on the basis that if the machine was malfunctioning then the police should have requested an alternative specimen - blood or urine to be decided by the officer.

If the Court were persuaded by the argument then you would be acquitted and found not guilty.

If you wanted us to look at your print out and to represent you at the first hearing then we are able to do so and can discuss our fees should you be interested. Please do not hesitate to contact Julie Robertson on 01942 774179.
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