The Nations Leading Drink Driving Solicitors

With two decades of motoring offences experience and hundreds of happy clients, we believe Parnell & Peel are ideally placed to obtain the best result for you.

What Happens if You Get Caught Drink Driving in the UK?

What Happens if You Get Caught Drink Driving in the UK?

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.

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What Our Clients Say

“Hi Abdul, I would like to thank you and your team for looking after me after been charged with Drink Driving, from the initial contact with Nancy to speaking to you and especially Keiran who represented me in court, who I can’t thank enough. When I thought there was no hope you and Kieran sorted what I thought was a hopeless case. I would strongly recommend you to anyone in the same position. Again thank you to you and your team.”

Nigel Murray

“My family and friends were sceptical about using Solicitors after I was stopped for drink driving. Parnell & Peel Solicitors were willing take a case on that others told was hopeless. I am astounded by Abdul and his teams brilliance in helping me to avoid conviction. If you have been stopped for drink driving do not hesitate to use Parnell & Peel Solicitors.”

Thomas Mcdonagh

“Stopped for drink driving, I started a dream job, and I could have lost everything, Kieran was brilliant at putting forward detailed legal arguments, which resulted in the prosecution offering no evidence in my case. Unbelievable, Thank you to Parnell & Peel Solicitors.”

Oliver Reith

Pricey but when you have your livelihood at stake definitely worth it. No jargon Abdul was just great at explaining away difficult concepts very easily. The barrister used was also fantastic. They are a great firm.”

Mizlain Walton

Parnell and Peel what can you say. Abdul was amazing meticulous and professional throughout. Great customer care and friendly team. Everything was outstanding. Fantastic team, fantastic result.”

Alina Arten

“It was the worse time of my life. My nephew had made allegation against me. I contacted Parnell and Peel, and from the very first conversation with Abdul, I knew he was the one to help me. Parnell used many experts including psychological ones to show that my nephew was not telling the truth, old phone records were also used to provide me with a defence. I was relieved when the Prosecution dropped by Case. I will forever be grateful to the team at Parnell.”

RT

“Thank You, Thank you. I believed my life had ended. I was falsely accused of Rape and I didn’t know where to turn to. I contacted many solicitors, until deciding upon Parnell. It’s the best decision I ever made. The Prosecution offered no evidence, during the Crown Court hearing.”

MS

“Parnell and Peel are magnificent, not only are they excellent at their jobs, but they are humans. Abdul was truly amazing, as was the whole team. The thought of prison for something I did not do was truly terrifying. Abduls amazing eye for detail saved the day. The prosecution had noty followed the correct procedure, and the witnesses had lied on oath. I was found not guilty”

JW

“Brilliant, absolutely amazing firm. I contacted Abdul, having spoken to other firms, although more expensive, you simply get what you pay for. Attentive, inquisitive, and fantastic in Court, both Abdul and John wo represented me during my trial were excellent. Found not guilty of historic allegations.”

Anonymous

These guys are the real deal. Abdul was absolutely excellent in dealing with my drink driving case. We didn’t have a very strong case but thanks to his preparation, perseverance and calm approach in court, the charge was dropped.

In court, Abdul was quick thinking and really dictated the speed and flow of proceedings, taking time to properly consider the argument put forward and close down the prosecution.

Highly recommend.

Archie1254

Amazing support from Abdul.

I had charge from the court for 12 points for two different incidents.

Abdul assisted me with this like family and finally got out of the charges. It was nearly a year journey and I never felt left alone.

I recommend everyone to seek advice from him, very knowledgeable and helpful.

Waarisha Iffat

They done the impossible, got caught drink driving, I thought I would lose my license, however Abdul Ali insisted that I had a case, I just decided to take the risk, it went a lot better than I could have ever imagined.

He managed to drop my case before it got to the second trial, the whole experience was very smooth and he was very positive and uplifting throughout the whole process.

Just trust them and leave them to do their job.

THEY WILL SORT IT.

Will recommend them to everyone!

Mani Sameni

Mr Abdul Ali took my case on a few weeks before my case, he understood how vital it was for me to not get a ban on my driving licence due to totting up of points.

He was reassuring all through out the build up to my case, he guided me all through the information I would need for presenting evidence for an exceptional hardship case and on the day went through how the court process would be.

I was very nervous but through his expertise and guidance I was able to present my case and was successful in not being banned from driving.

I could not state highly enough how valuable he was to my case and me personally as soon as I met him I knew he was the right solicitor for me.

He took the time to understand my case and what I had to loose and did everything in professional capacity in court to ensure I received the verdict that I wanted.

I would highly recommend his services and expertise to anyone in such driving offences situation.

Kindera Hopkins

Abdul Ali was extremely helpful and re-assuring throughout the process.

He was always available and on-call even outside your traditional working hours.

I’d highly recommend Abdul as with his experience and confidence regarding the matter, he’s always comfortable in dealing with it as he’s been there and done it many times before!

Ashraf Kizito

I am extremely grateful for the exceptional services provided by solicitor Abdul in my drink-driving case.

His expertise and dedication resulted in a successful outcome even before we went to court.

I was impressed by his thorough understanding of the legal system and his ability to navigate through the complexities of my case.

I highly recommend Abdul for anyone in need of a reliable and skilled solicitor.

Thank you for your outstanding work!

Gani Qufaj

First of all I would like to start with a massive Thankyou to Abdul Ali and his team.

This is to be my first review as I have never ever posted one.

I was charged with Failure To Provide Specimen with the suspicion of driving under the influence of alcohol.

The prosecution was looking to throw the book at me give a custodial sentence however due to Abdul’s above and beyond examination of the evidence it was concluded that the prosecution had no case as they had no evidence of me driving the car.

If you are in trouble it is always worth getting legal advice and seeing what can be done.

This guy is an extremely educated person and knows exactly what he is talking about.

He was throughout in contact even answering my phone at stupid times when I used to have some questions so I got to give it to him for his dedication.

All in all I would definitely say this firm and Abdul Ali is definitely someone I’d blindly put my trust in.

Jeremiah Daniel

Abdul was brilliant to work with.

Answered all calls and texts with helpful information and on the day of court.

He got me the outcome I wanted

Anna Heywood

Can’t recommend Abdul and his team enough.

Even when I taught there was nothing I could Abdul reassured he would do everything he could.

Very perfessional and were always at the other end of the phone.

Received the best outcome there is and kept my license.

Kevin Murray

Drink driving- Not guilty.

Worth every penny!

I was certain I would lose my license at the time.

After contacting Parnell and Peel, Abdul quickly filled me with confidence and explained in great detail how he would defend my case.

He clearly has a lot of experience and knowledge.

In the end I didn’t even need to go to trial as my case was dropped a few days before, all thanks to Abdul and his team.

I can’t thank him enough and I would highly recommend Parnell and Peel solicitors to anyone.

Louis Harrison

Wow, words cannot express how happy I am today when I was told the good news by Abdul that my drink drive court case has been dropped.

From the very first day I contacted Abdul when i was charged with drink drive offense, he assured me to calm down and that he will do all he can to get me the possible outcome and that is exacted what I had.

I will 100% recommend Parnell and Peel Solicitors to you if you find yourself at the wrong side of the law.

Once again, thank you Abdul, Thank you Parnell and Peel Solicitors.

Leonard A

After a gruelling process of putting forward a post consumption defence the CPS failed to counter defend the evidence presented by the team at Parnell and Peel.

I’m a happy man and glad I get to keep my licence!

Ismail A

Contacted Pamell and Peel on Friday re a driving offence.

Answered immediately.

Abdul has been extremely helpful.

I would definitely recommend.

Ewan B

I was stopped for drink drive I was devastated as I stood on the verge of losing everything

I spoke to Abdul and he was reassuring and informed me that we could put a technical defence forward.

The prosecution on the day of the trial offered no evidence.

I am so grateful to the team at Parnel.

My experience was excellent particular thanks go to Abdul

Eliza A