Drink driving offences are taken very seriously by UK authorities and can lead to serious penalties if you are convicted. Facing a charge for a drink driving offence can be difficult, especially if you use your vehicle for work or if other people rely on you for transportation, as a conviction can result in an automatic driving ban in serious cases. As such, it is vital to know what happens if you are accused of drink driving, the legal process that follows and the options that may allow you to defend yourself.

There are many circumstances where drivers might face a drink driving conviction, including cases where drivers believe they were not above the legal drink driving limit for drugs or alcohol, and others where they believe they have a reasonable excuse, such as if a genuine emergency forced them to get behind the wheel after consuming excess alcohol. It can be particularly frustrating if you believe that the evidence is incorrect or are concerned about losing your driving licence as a result of a conviction.

Whatever the situation, you can face serious penalties if you are convicted of drink driving, and your first step should be to seek expert legal advice from a criminal defence solicitor. Here, the knowledgeable drink driving solicitors at JMW outline the process that follows when you are accused of drink driving, what happens if you are found guilty, and the defences that may be available in your circumstances.

What Happens When You Are Stopped on Suspicion of Drink Driving?

You may be charged with drink driving in a number of ways. Some people are stopped by police because they are suspected of a drink driving offence. Often, the police will ask for a breath specimen using a breathalyser if you are involved in a collision or have committed a separate traffic offence. This will be tested against the strict alcohol limits specified by law, and if your sample is found to exceed 35 micrograms of alcohol per 100 millilitres of breath, you will be determined to have failed the test. This limit applies in England and Wales, while a lower limit of 22 micrograms applies in Scotland.

In these cases, you will normally be taken to a police station for a further test (which could be a breath, blood or urine test) to confirm that you are over the legal limit or unfit to drive before you are charged. Each of these tests has a different limit: 80 milligrams of alcohol per 100 millilitres of blood, and 107 milligrams of alcohol per 100 millilitres of urine. If you are asked to provide a blood sample, this will be taken by a nurse. The police should take two blood or urine samples - one for them to test, and the other for you to test if you wish to do so. This offers you the opportunity to challenge the prosecution's evidence you believe that your test gave a false positive result.

It is important to note that refusing to give a specimen of breath, blood, or urine when required is an offence in its own right. This offence comes with similar penalties to a standard drink driving offence, which means that you will be convicted as though you were driving while above the legal alcohol limit. If you believe your rights are being infringed upon or you have a defence for your actions, you should speak to a solicitor at your earliest opportunity rather than refusing to provide a sample.

What Happens When You Are Charged with an Offence?

If you are charged, you will then be given a court date. Unless the court or police impose an immediate ban, you may still be allowed to drive, but this does not mean that the proceedings you will be facing are not serious. At your first hearing, you will be given a chance to either plead guilty or not guilty.

Those who choose to plead guilty will be convicted of a criminal offence and receive at least the minimum penalty, which is a driving ban of 12 months. If you have a previous conviction relating to drunk or dangerous driving within the last 10 years, this increases to a driving disqualification for a minimum period of three years. On top of these consequences, you will face penalty points on your driving licence, an unlimited fine, and a potential custodial sentence of up to six months.

While you can plead not guilty and defend the matter in court, this is not always advisable. Drivers who plead guilty typically receive a reduction in their sentence, while those who are found guilty of drink driving following a court hearing usually face much stricter penalties. At the same time, a solicitor can present mitigating factors in your defence that can reduce the sentence in the right circumstances.