If you’ve been caught drink driving, it’s completely natural to feel overwhelmed and anxious about what the future holds. Your mind may be racing about the outcome of your case, along with the potential driving ban, fine, and criminal record that could follow.
In the meantime, you may have more urgent questions, such as whether you can drive to work on Monday or continue driving your children home from school. In this article, Parnell and Peel will clarify your driving rights between now and your court date so you know exactly where you stand legally.
Need immediate assistance with your drink driving case? Please don’t hesitate to contact Parnell and Peel for expert guidance. Call 033 03411690 or make a free online enquiry, and our skilled motor offence solicitors will respond promptly.
Caught Drink Driving: Can I Still Drive Until Court?
Here’s everything you need to know about your driving rights in the interim period between being arrested and attending court.
Can I Drive Home From the Police Station?
After being arrested for drink driving, the police will take you back to the station for questioning and will require you to provide another breath test or a blood or urine sample. If charged, you’ll usually be released on bail unless the offence is severe or you’re considered a flight risk.
Naturally, if you’re still intoxicated at this point, the police will not permit you to drive home from the station. You’ll remain in custody until a breath test confirms your blood alcohol level has dropped below the legal limit (35 micrograms per 100 millilitres of breath). Once sober, you can drive home and await your court hearing outside police custody.
Can I Still Drive While Waiting for the Court Date?
Yes, you can legally drive between being charged and your court date. At this stage, you’ve only been charged with an offence and have not yet been convicted. You are legally allowed to continue driving until you plead guilty or are convicted.
In most cases, you don’t need to inform your insurer, employer, or any regulatory body about the charge until you’re officially convicted. However, checking your insurance policy or employment contract for any clauses about this matter is worth checking.
When driving during this period, it’s crucial to be extra cautious on the roads, as any further offences could negatively impact your case. It is also advisable to consult a motor offence lawyer to discuss your next steps and potential defences. For example, they may be able to challenge police procedures, question the reliability of testing equipment, or argue special reasons to reduce potential penalties.
What Happens at the Court Appearance?
Your first court appearance is known as a ‘plea hearing’, where you can plead ‘guilty’ or ‘not guilty’ to drink driving. If you plead guilty, you will typically be convicted, and the court will impose an immediate driving ban. You will be prohibited from driving home and face a minimum driving disqualification of 12 months.
If you choose to plead not guilty, your case will go to trial, which will usually take place three to six months after the initial hearing. During this waiting period, you can continue driving. However, an immediate mandatory driving ban will follow if you’re found guilty at trial.
Need Help with a Drink Driving Case? Speak to Our Experts
If you have a court hearing looming and are worried about losing your licence, don’t leave your future to chance. Parnell and Peel’s specialist drink driving solicitors are here to guide you through every step of the process. We have successfully defended 87% of drink driving cases and have the technical know-how to challenge seemingly open and shut cases.
Contact us today by calling 033 03411690 or submitting a free online enquiry. We’ll respond promptly with tailored guidance on your case. All enquiries are confidential, and you are not obligated to proceed with our services.
