What to do if you’ve been charged with drink-driving

Drink driving is a serious offence, and in addition to the significant danger of driving while impaired to both yourself and others, being convicted can have life-changing consequences. Being convicted often means losing your licence for a minimum of 12 months, a criminal record, potential loss of employment, and higher prices for car insurance.

If you’ve been arrested, tested, and released, whether you’ve already been charged or are waiting to hear if you will be, it’s natural to feel unsure about what happens next. In this article, we will explain what happens next, the penalties you could face, and the steps you should take.

You will usually be kept at the police station until your breath alcohol has fallen back below the legal limit. A high reading, typically those above 120 micrograms per 100 millilitres of breath, may mean you’re kept in custody to appear before the next available Magistrates’ Court rather than being bailed. Otherwise, you’ll either be charged and given a date for your first hearing, or released while the police complete their investigation or wait for your samples to be analysed.

Even where the case looks straightforward, it is worth getting advice before you decide how to plead. A solicitor can check whether the correct procedure was followed when your samples were taken, explain what the evidence against you actually shows, and prepare mitigation to put before the court on your behalf. Courts can also give credit for an early guilty plea, so this is a decision worth making with professional legal advice.

The penalty depends on the offence and the circumstances. Furthermore, refusing to provide a specimen without a reasonable excuse carries the same penalties as driving over the limit.

The graphic below describes the possible penalties you may face for each offence:

A conviction is also likely to lead to increased car insurance costs, potential employment difficulties, particularly in roles that involve driving, and may create challenges when travelling to countries such as the USA

If you are disqualified for 12 months or more, the court may offer you a place on a Drink Drive Rehabilitation Scheme (DDRS) course, which can reduce your ban by up to 25% if completed in time. Whether this is offered is at the court’s discretion. There are also mitigating circumstances directly connected to the offence itself, such as a genuine medical emergency, that in rare cases may persuade the court not to impose the standard 12 month disqualification period. Furthermore, breath, blood, and urine samples must be taken following strict procedures, and where those procedures were not followed correctly, it may be possible to challenge the evidence itself. A solicitor can review your case and tell you honestly what options you have, and the best route of proceeding.

A conviction will show on your licence for 11 years and can significantly increase your insurance costs. If you drive for work, your employer will see it on your DVLA driving record, and some countries, including the USA, may require a longer visa process before you can travel.

The process is much the same if you’ve been charged with drug driving. You’ll usually have provided a blood or urine sample at the station, and the case will follow a similar path to court. The legal thresholds are far lower than for alcohol, and unlike drink driving, there is no rehabilitation course available to reduce a ban.

Speak to a solicitor before you enter a plea, keep hold of any paperwork the police or court have sent you, and don’t miss a deadline while you weigh up your options. Getting advice early gives you the clearest, most honest picture of where you stand.

Speak with a member of our criminal defence team:

JR Levins:

📧 enquiries@jrlevins.co.uk

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Merseyside: 0151 480 5777

Widnes: 0151 423 3661

Runcorn: 01928 711119

🚨 24 Hour police station advice: 0151 480 5833