First Time Drink Driving Offence (UK)

Drink driving is treated as a serious offence in the UK, with strict laws in place to protect road users from harm. You can get charged with a drink driving offence in the UK if you are caught driving over the limit or are drunk in charge of a vehicle. You cannot be convicted of a drink driving offence unless it has been proven that you are over the legal limit. A police officer will usually test your breath at the scene, or may ask for a urine or blood test at the police station. For a first drink driving offence, the judge is usually more lenient. 

You may be unsure about the next steps, what penalties you could face or how the police process works. Many people are caught out for the first time after a social event or the morning after drinking, not realising they’re still over the legal limit. Whatever the circumstances, it can be a distressing experience - but it helps to know what you’re dealing with.

In the UK, drink driving is treated as a serious criminal offence, and even for first time offenders, the penalties can be severe. That said, there are options - particularly if this is your first offence, no one was hurt, and you are willing to cooperate with the legal process. If you are facing a charge like this, you should speak to a drink driving solicitor as soon as possible after your arrest.

Here, the driving offence solicitors at JMW explain what happens if you are caught drink driving for the first time, the potential penalties you may face and how legal advice may help you minimise the consequences depending on the circumstances.

What is the legal drink driving limit in the UK?

In England and Wales, the legal alcohol limit for drivers is:

• 35 micrograms of alcohol per 100 millilitres of breath.
• 80 milligrams of alcohol per 100 millilitres of blood.
• 107 milligrams of alcohol per 100 millilitres of urine.

These are strict alcohol limits, and you cannot reliably estimate how much you can drink and still remain under the limit. Factors such as your age, sex, body weight, how much food you’ve eaten and your metabolism all influence how alcohol affects you. Even if you feel fine, you may still be over the limit.

This also applies to the morning after drinking. Alcohol can stay in your system longer than you might think, and many drivers are caught the next day without realising they’re still above the legal threshold.

What happens if you are caught drink driving for the first time?

If the police stop you and suspect that you have been drinking, they may carry out a preliminary breath alcohol test at the roadside. If this test shows you are over the legal limit, you will be arrested and taken to the police station for further testing. There, you may be asked to provide a breath, blood or urine sample.

You cannot be charged with a drink driving offence unless these formal test results confirm you were over the limit. Roadside breathalysers are used to confirm suspicion, but the police must rely on evidential testing before proceeding with a charge.

What are the penalties for a first drink driving offence?

A first time drink driving offence in the UK still carries serious penalties. The actual sentence will depend on factors such as your alcohol reading, your behaviour at the time and any aggravating circumstances such as carrying passengers, driving a commercial vehicle or being involved in a collision.

The potential penalties include:

• A driving ban of at least 12 months.
• An unlimited fine.
• Up to six months in prison.
• A community service order.
• A DR10 endorsement on your driving licence, which will remain for 11 years.

Even if no one was hurt, being caught drink driving is considered a serious criminal offence and the consequences can affect your employment, car insurance, and ability to travel internationally.

How long does a drink driving conviction stay on your record?

A drink driving conviction will stay on your driving licence for 11 years from the date of conviction. This includes the DR10 code, which will be visible to insurers and employers during this time.

You may also be required to declare your conviction when applying for certain jobs, especially those involving driving, operating machinery or positions of trust. Some countries may refuse entry to those with drink driving convictions, including the United States.

Car insurance premiums typically increase substantially following a conviction and may remain high for five years or more. Some insurers may refuse to offer cover altogether.

Can you refuse to provide a breath, blood or urine sample?

You can refuse to provide a specimen, but only if you have a valid reason. Examples might include a serious medical condition or mental disorder that prevents you from complying. Without a valid excuse, refusing to provide a sample is a separate offence under the Road Traffic Act.

Penalties for failing to provide a specimen include:

• A driving ban.
• A fine.
• A possible prison sentence of up to six months.

A refusal to cooperate can also be viewed by the court as an aggravating factor, this is because it prevents the police from determining how much alcohol was in your system.

Can you be charged if you weren’t driving at the time?

If you are found to be drunk and in charge of a vehicle, you can still be charged with an offence. Being "in charge" does not require you to be driving - simply being inside or next to the vehicle with the intention or ability to drive may be enough.

This can include:

• Sitting in the driver’s seat with the keys.
• Sleeping in the car while intoxicated.
• Standing near the car with the intention to drive.

Each case will be assessed on its facts, and you may need legal advice to defend such a charge.

Are there any mitigating factors that can reduce your penalty?

Courts take a number of mitigating factors into account when sentencing, especially for first time offenders. These can include:

• Genuine remorse and an early guilty plea.
• A previously clean driving record.
• Cooperation with the police.
• Personal circumstances, such as being a sole or primary carer.
• Demonstrating steps toward rehabilitation.

In some cases, the court may offer a drink drive rehabilitation course, which can reduce your driving ban by up to 25%. This is more likely if your offence is less severe and you can show that you are willing to take responsibility.

How can a solicitor help with a first drink driving offence?

An experienced drink driving solicitor, such as the experts at JMW, will help you understand the legal process, assess whether the police followed the correct procedure, and identify any possible defences or mitigating circumstances. They will explain the charges clearly, help you gather evidence and support you throughout each stage of the process.

We can also represent you in court, present character evidence and argue for a reduced sentence. In some cases, we may be able to challenge the reliability of test results or argue that you were not in charge of the vehicle.

Legal representation can make a meaningful difference to the outcome of your case. This is especially true if you rely on your licence for work or family responsibilities, but it is always worthwhile to seek expert support, even if you believe the offence was straightforward or minor.