Special Reasons Drink Driving: Can Driving a Short Distance Avoid a Ban?

What Are Special Reasons in Drink Driving Cases?

The law relating to drink driving disqualification is set out under the Road Traffic Offenders Act 1988, which governs sentencing for motoring offences in England and Wales. 

In most drink driving cases, courts must impose a driving disqualification after conviction.

However, a court may decide not to disqualify, or to reduce the length of disqualification, if special reasons relating to the offence are proven.

Special reasons must: 

• Be a mitigating circumstance directly connected to the offence 
• Not amount to a full legal defence 
• Be something the court should properly take into account when sentencing 

Courts apply this principle carefully. The defendant must usually establish the special reason on the balance of probabilities.

Can Driving a Short Distance Be a Special Reason?

In some cases, driving only a short distance may be raised as part of a special reasons argument.

However, short distance alone is rarely sufficient. 

Courts focus primarily on risk to the public, not simply the length of the journey. 

Situations Where It Usually Fails

Arguments based purely on distance often fail where: 

• The driver travelled on a public road 
• The journey involved normal traffic conditions 
• There was no urgent reason for driving 
• The alcohol level was significantly over the legal limit

In these cases, the court may decide that the risk created by driving while over the limit outweighs the fact that the distance was short.

Examples of Special Reasons Recognised by Courts

Courts in England and Wales may consider different types of special reasons in drink driving cases.

Genuine Emergency

A driver may argue that they acted in response to a genuine emergency requiring immediate action.

Spiked Drinks 

If a driver unknowingly consumed alcohol because their drink was tampered with, this may form part of a special reasons argument.

Short Distance with Exceptional Circumstances 

Driving a short distance may be relevant if the journey was extremely limited and connected to a genuine need, such as preventing danger or moving the vehicle to a safer place.

Lack of Knowledge

In rare cases, a driver may argue that they genuinely did not know they had consumed enough alcohol to be over the legal limit.

The Crown Prosecution Service provides guidance on prosecuting drink driving offences and how evidence should be assessed in such cases. 

Evidence Needed to Argue Special Reasons

A special reasons argument requires clear and persuasive evidence. 

Courts expect the defendant to present detailed information about the circumstances surrounding the offence. 

Evidence may include: 

• Witness statements 
• CCTV footage 
• Photographs of the location 
• Expert evidence where relevant 
• Detailed explanation of the circumstances 

The court will examine whether the circumstances genuinely reduce the seriousness of the offence and whether they justify avoiding or reducing a disqualification.

Drink Driving Penalties in England and Wales

Drink driving offences carry severe consequences. 

Sentencing guidance issued by the Sentencing Council for England and Wales outlines the penalties courts may impose. 

Typical penalties include: 

• A minimum 12-month driving disqualification 
• An unlimited fine 
• Possible community order 
• In more serious cases, imprisonment 

The length of disqualification increases depending on factors such as: 

• Alcohol level 
• Previous convictions 
• Whether there was an accident 

Risk posed to other road users  

Why Legal Representation Is Crucial in Special Reasons Cases

Special reasons arguments are highly technical legal submissions. 

The court will expect clear legal submissions supported by evidence. A solicitor experienced in Motoring Offences can:

A solicitor experienced in motoring offence defence can: 

• Analyse whether a special reasons argument is realistic 
• Gather and present evidence effectively 
• Prepare detailed legal submissions for the court 
• Challenge weaknesses in the prosecution case 

Without proper preparation, it can be difficult to show that the strict criteria for special reasons are met.

Speak to a Drink Driving Defence Solicitor

If you are facing a drink driving allegation, the consequences can be serious and long-lasting.

A conviction may result in disqualification, financial penalties, and a criminal record. 

Early legal advice can help you understand: 

• Your legal position 
• Possible defences 
• Whether a special reasons drink driving argument may apply to your case 

If you require advice about a drink driving offence or a possible disqualification, speaking to a solicitor experienced in Motoring Offences can help you understand your options.