Borderline drink driving offences and the penalties

Even though borderline reading cases are far less serious than high readings, they still carry considerable concerns for drivers. Even when a driver’s reading is borderline, unless the charge is successfully defended, it carries a drink drive ban of a minimum of 12 months’ for a first-time offender and a three year ban for a repeat offender.

On 10th April 2015, the right for a motorist under investigation for drink driving to replace their breath specimen with a blood or urine sample was abolished. Previously, if the amount of alcohol in a person’s breath registered between 36-50 milligrams (the legal limit being 35), an individual would be given the ‘statutory option’ of replacing their breath sample with a blood or urine specimen. The ‘Statutory Option’ was originally introduced in the 1980s when evidential breath testing devices were relatively new with questionable accuracy.

This option was discontinued as the government considered the evidential breath testing equipment to be reliable enough to abolish the additional safeguard. At BrianKoffman & Co. we have encountered numerous cases that would suggest reliability of breathalyser machines is a major issue – especially in borderline drink driving cases.

Why Choose Brian Koffman & Co.

If you were arrested for drink driving before the 10th April 2015 or you provided a second type of sample for any reason, we may be able to help. Our highly professional team of motoring offence specialists have developed unique strategies in relation to borderline blood and urine drink driving cases which have secured favourable outcomes for our clients’. You may have opted to provide a secondary test and could find that once the sample has been analysed, the result falls below the legal limit. Time is of the essence and contacting us immediately could make an enormous difference to the eventual outcome of your case.

We have extensive experience of defending drivers who have been charged with drink driving after giving borderline readings. With expert legal advice, we can provide you with the best possible chance of avoiding conviction and keeping your licence. Even if you have been told there may be no charge, we highly recommend that you should speak to us straight away. Many of the details we need to know to build your defence are likely to be forgotten if you wait until the date that you are due to appear at the police station.

Contact us today

If you have been charged with drink driving as a result of producing a borderline reading, please contact Brian Koffman & Co on 0161 832 3852 to speak to one of our legal representatives without obligation, or submit an enquiry.