Caught Drink Driving - Can I Still Drive Until Court?

When it comes to your ability to drive after having been caught drink driving, the law in England and Wales is clear in most cases: your driving licence remains valid until the Magistrates’ Court imposes a sentence. However, in some circumstances the courts may restrict your ability to drive before the case is closed, so it is important to fully understand the legal process that takes place after you have been charged with a drink driving offence.

In this guide the drink driving solicitors at JMW set out what the law says about driving before court, the situations in which an immediate driving ban can be imposed and what happens at your first court appearance. We also discuss the difference between guilty and not guilty pleas, the evidence used in drink driving cases, and how a solicitor can mitigate the penalty imposed.

Can You Drive After Being Caught Drink Driving?

In most cases, being caught drink driving does not automatically remove your right to drive. If you have been arrested, breath tested, and charged, your licence still allows you to drive until the point when the court reaches a decision on your case.

You can legally drive unless:

• The court imposes an immediate ‘interim’ disqualification at your first hearing, prior to sentencing.
• The police have issued bail conditions that prevent driving. This is uncommon, as these conditions are usually only applied where there are concerns about further offences or specific risks identified during the investigation.

Outside of those exceptions, you are legally allowed to continue driving until the court process concludes.

Can You Drive After Being Caught Drink Driving?

In most cases, being caught drink driving does not automatically remove your right to drive. If you have been arrested, breath tested, and charged, your licence still allows you to drive until the point when the court reaches a decision on your case.

You can legally drive unless:

• The court imposes an immediate ‘interim’ disqualification at your first hearing, prior to sentencing.
• The police have issued bail conditions that prevent driving. This is uncommon, as these conditions are usually only applied where there are concerns about further offences or specific risks identified during the investigation.

Outside of those exceptions, you are legally allowed to continue driving until the court process concludes.

When Would the Court Impose an Interim Ban Before Your Case Is Finished?

A ban will only be imposed before trial or sentencing in limited situations. When you attend the first hearing, the court can impose an immediate ‘interim’ driving ban if the case involves:

• Exceptionally high breath, blood or urine readings.
• Drink driving combined with dangerous driving or another serious driving offence.
• A collision that caused injury or major damage.

The court makes this decision during the hearing, not the police. Until that moment, your licence remains valid unless bail conditions state otherwise. At this point, your solicitor can apply to the Magistrates’ Court to vary or remove police-imposed bail conditions if they are unnecessary or disproportionate, including any conditions that restrict driving.

What Happens at the First Court Hearing?

Your first appearance at the Magistrates’ Court is where the plea is taken. The process is straightforward:

• The charge is read out.
• You enter a guilty plea or not guilty plea.

If you plead guilty, the court will usually sentence you on the same day. If the sentence is adjourned, you can continue driving until sentencing unless the court imposes an immediate ‘interim’ ban.

If you plead not guilty, a trial date will be fixed. You can usually continue driving until the outcome of the trial, unless the court imposes an immediate ‘interim’ ban.

Having a solicitor with you at this stage helps ensure the court receives the correct information about your circumstances, any issues with the evidence, and any factors that may affect sentence or bail. A solicitor can also address procedural points, speak on your behalf in court and guide you through the decisions you need to make during the hearing.

Will I Be Banned If I Plead Guilty?

If you plead guilty at the first hearing, the court will normally sentence you straight away. The driving ban takes effect immediately once the sentence is announced.

The sentence may include:

• A minimum 12-month driving ban.
• A fine (possibly an unlimited fine depending on the case).
• A criminal record.
• Court costs and a victim surcharge.

However, a guilty plea can reduce the overall penalty. The court gives credit for an early guilty plea, which can reduce the fine, and it may also carry weight when the court assesses the length of the ban. The expert team at JMW can review the evidence with you before the hearing and advise whether a guilty plea is appropriate based on the strength of the case. We can also present any mitigating factors on your behalf to help the court reach a fair outcome.

What Happens if You Plead Not Guilty?

If you plead not guilty, you can continue driving until the trial date unless the court decides you should be banned immediately. The case then moves into the evidence stage. It is important that this process is handled through a solicitor with experience in this area, who will:

• Obtain and review disclosure from the prosecution.
• Examine the alcohol reading and identify any issues with the procedure used by the police.
• Decide whether expert witnesses are needed to analyse the breath test, blood test or urine sample.
• Build your defence and manage all communication with the court and the prosecution.

Unless the court has decided otherwise, your licence remains valid during this stage.

What evidence do courts rely on in drink driving cases?

Courts examine a range of evidence when deciding drink driving cases, including:

• Roadside breath test readings.
• The evidential breath sample taken at the police station.
• Blood alcohol level results where a blood test was taken.
• Urine sample results where applicable.
• Police station procedure logs and custody records.
• Witness statements from officers or other witnesses.
• CCTV and body-worn camera footage.
• Expert witness reports where specialist analysis is needed.

Most cases turn on whether the defendant was above the legal alcohol limit and whether the police followed the correct procedure. A not guilty plea is not something to enter without representation. A successful defence requires an experienced drink driving solicitor to examine the evidence in detail, check the reliability of the readings and identify any procedural issues that may form the basis of a challenge.

What Sentences Apply for Drink Driving?

The court uses breath, blood or urine readings to decide how serious the offence is. Higher readings lead to longer bans and larger fines. The sentencing guidelines set out the starting point for the ban and the fine. The ban can increase where aggravating features are present, such as:

• Previous drink driving convictions.
• High alcohol readings.
• Passengers in the vehicle.
• Dangerous driving.
• A collision or injury.

Part of your solicitor’s role is to present mitigating factors to the court that could minimise your sentence. In cases where the court is considering a ban, a well-built case could persuade the court and result in a lesser penalty than a ban. Alternatively, the ban may be shorter where mitigating factors apply, such as:

• A low reading close to the legal limit.
• A genuine emergency.
• Good character.
• An early guilty plea (which also affects credit on sentence).
• The impact of disqualification on ‘innocent third parties’.

JMW will work with you to make sure all relevant mitigating factors are presented clearly to the court so the sentence reflects the full circumstances of your case.