Receiving a drink driving conviction can be a daunting and distressing experience, especially if it’s your first offence. Drink driving offences can carry significant penalties, with many people fearing losing their licence and the subsequent impact on their careers and livelihoods.
If you’re anxious about what lies ahead, turn to Parnell and Peel Solicitors. We are leading drink driving solicitors and are on your side during this difficult time. For immediate help and advice, please call us on 033 03411690 or make a free and confidential online enquiry to discuss your case. Alternatively, read on as we clarify the offence, outline the legal consequences, discuss the potential impact on your licence, and guide you through your options.
What Happens if You Get Caught Drink Driving in the UK?
By familiarising yourself with the legal process, potential penalties, and the role of our specialist solicitors, you can take control of your case and make informed decisions about your next steps.
Overview of the Offence
Firstly, let’s outline the legislation and the procedures involved in a drink driving case.
What is the legal limit?
In the UK, drink driving is a serious offence under Section 5 of the Road Traffic Act 1988. Strict alcohol limits are in place to ensure road safety, and going over these limits when behind the wheel can lead to severe penalties. The limits are based on the amount of alcohol detected in someone’s breath, blood or urine and are as follows:
- Breath: 35 micrograms of alcohol per 100 millilitres of breath
- Blood: 80 milligrams of alcohol in 100 millilitres of blood
- Urine: 107 milligrams of alcohol per 100 millilitres of urine
The Testing Procedures
You cannot be convicted of drink driving unless it’s proven that you were over the legal limit, which is why the police will carry out tests. These tests may include a roadside breath test and a follow-up test at a police station.
Roadside Test:
The police have the authority to stop and request a breath test from anyone driving, attempting to drive, or in control of a vehicle if they suspect you are over the legal alcohol limit. Refusing to provide this breath specimen without reasonable excuse is an equally severe offence and can result in arrest, points on your driving licence or a driving ban.
Police Station Test:
If the initial breath test reveals you are over the legal alcohol limit, you will be arrested and taken to a police station, where you will be required to provide a further breath, blood, or urine sample to confirm the results. If this follow-up test also indicates you are over the limit, you will be charged with drunk driving.
Questioning:
The police will also ask you about the incident’s circumstances, including why you were in control of the vehicle and when and where the incident occurred.
Release or Detention
Whether you are released or detained after your arrest depends on the gravity of the offence. You are more likely to remain in police custody until your hearing if:
- Your alcohol level was significantly over the legal limit
- The incident involved property damage, serious injury, or death
- The police believe you may be a flight risk or threat to public safety
In less severe cases, you’ll likely be released on bail, allowing you to wait for your court hearing outside of custody. If you’re at this stage, we strongly recommend cooperating with the authorities while seeking legal advice to understand your rights and options as soon as possible.
Penalties for Drink Driving
If you’re awaiting your hearing, you may fear the repercussions. Drink driving carries serious consequences, and the Magistrates will ultimately determine the penalty based on the specifics of your offence. If found guilty of drink driving, you may receive:
- A criminal record.
- An unlimited fine (up to a maximum of £5000)
- An automatic minimum 12-month driving ban (three years if you have been convicted twice in 10 years)
- Up to six months in prison (this is rare for first-time offenders, but in severe cases, a first-time drink driving offence in the UK could lead to a custodial sentence).
In addition to the initial legal penalties, there are lasting consequences that may affect your daily life, such as:
- An endorsement on your driving licence for 11 years
- Your car insurance costs will increase significantly
- Adverse effects on your career prospects due to your criminal record
- If you drive for work, your employer will see your conviction on your licence
- Difficulty travelling to certain countries, such as the USA
How is the Drink Driving Penalty Calculated?
The Magistrates will determine your penalty according to drink driving sentencing guidelines. The consequences vary based on the severity of the offence, taking into account any aggravating and mitigating factors that may increase or decrease the sentence.
Drink Driving Aggravating Factors:
Aggravating factors can negatively impact your case, potentially leading to a harsher sentence. Some common aggravating factors include the following:
- You have a prior conviction for a similar offence.
- You had passengers in your vehicle.
- You were involved in an accident.
- You were operating a hire, heavy goods, or passenger service vehicle.
- There were high traffic levels or pedestrians in the area when you were driving.
- You were drink driving whilst on bail or failed to comply with a current court order.
- There is evidence that you were driving to an unacceptable standard.
Drink Driving Mitigating Factors:
Mitigating factors can help reduce the severity of your sentence. Your penalty may be reduced if:
- You have no previous convictions.
- You were driving due to a genuine emergency.
- You have shown remorse and are of good character.
- You are the sole or primary carer for dependent relatives.
- Somebody spiked your drink without your knowledge.
How Our Drink-Driving Solicitors Can Help
When faced with the legal complexities of a drink driving charge, sourcing expert advice from skilled drink driving solicitors at an early stage can make all the difference. At Parnell and Peel, we specialise in drink driving cases and deeply understand the legal system. We will use our knowledge and experience to get the best possible outcome in your case. Read on to discover a few ways we can assist you.
Pleading Guilty or Not Guilty
In these stressful circumstances, many people plead guilty, hoping to avoid a long, costly trial and simply move on with their lives. You may even feel there’s no way to escape a conviction. However, with our legal knowledge and expertise, we can work to secure the best possible outcome for your case.
For example, we know that in the UK legal system, the prosecution is not required to present evidence unless you contest the charge. This point means that individuals who plead guilty may be banned from driving based on little or no evidence, often without knowing what evidence exists against them. Therefore, challenging the case and compelling the Crown Prosecution Service (CPS) to disclose their evidence is usually worthwhile. This process can reveal weaknesses in the prosecution’s case, which your skilled drink driving solicitor can exploit. By forcing the CPS to reveal their evidence, we can review the details, strategise a plan and advise you on whether a guilty or not guilty plea is in your best interest.
Technical Defence Options
Over the years, we have developed a range of technical defences to support our clients in drink driving cases. Our solicitors can argue these defences in court to help you retain your driving licence. Gain a better understanding of some of these defence strategies below.
Review and Question the Evidence:
Our expert solicitors meticulously examine the prosecution’s evidence, identifying any flaws or procedural errors. We look into how breath, blood and urine tests were conducted and whether proper protocols were followed, such as whether consent was given, if correct amounts of samples were taken, and if the machines used were reliable. Issues with these crucial pieces of evidence could render them inadmissible, and the prosecution can no longer use the evidence against you.
Special Reasons:
We can also argue for ‘special reasons’ in your case. This means that although you may have been over the limit, there were exceptional circumstances, such as a medical emergency or that your drink was spiked without your knowledge.
Our Results
Using a combination of specific motor offence expertise and a deep understanding of complex law, our experienced motor offence lawyers have achieved an impressive 95% success rate in defending against driving bans. This includes successfully defending:
- 87% of all drink driving breath cases
- 92% of blood cases and 97% of hospital blood cases
- 93% of urine cases
- 91% of all drink driving special reasons cases
All these successful cases resulted in our clients retaining their licences. Beyond the statistics, we encourage you to explore our case studies and client testimonials, which illustrate how we’ve helped real people achieve positive outcomes and supported them every step of the way.
Talk to a Drink Driving Specialist in Total Confidence.
If you need assistance with a drink driving offence, don’t delay. Contact our team of skilled lawyers as early as possible for expert guidance and support tailored to your case. Call us on 033 03411690 or make a free online enquiry to discuss your circumstances. Please note that all enquiries are confidential, and there’s no obligation to use our services.