Being convicted of drink driving is a serious criminal offence in the UK and you need to know the consequences of a first time drink driving offence. This article will help you make informed decisions related to avoiding drink driving, what to expect if you are caught, and seeking legal advice if a drink driving charge is made against you.
Know Your Units and How to Avoid Drink Driving
Knowing how much alcohol is in your drink is the first step in staying within the legal alcohol limit. Alcohol units measure the amount of pure alcohol in a drink. In the UK one unit is 10ml of pure alcohol.
Here are some examples:
- A pint of beer (5% ABV) is 2.8 units.
- A standard glass of wine (175ml, 12% ABV) is 2.1 units.
- A single measure of spirits (25ml, 40% ABV) is 1 unit.
The legal drink driving limit in England, Wales and Northern Ireland is 35 micrograms of alcohol per 100ml of breath or 80 milligrams of alcohol per 100 millilitres of blood.
In Scotland the legal limit is 22 micrograms of alcohol per 100 millilitres of breath or 50 milligrams per 100ml of blood.
How to Avoid Driving Under the Influence
Altogether avoiding a drink driving offence and driving ban is preferred. Here are the best ways to do so:
- Plan Ahead: If you know you’ll be drinking, book alternative transport. Taxis, public transport or designated drivers are safer.
- Stay Overnight: If you can, stay at a friend’s or book accommodation nearby.
- Set a Limit: Decide how much you’ll drink before you start and stick to it. Use the NHS Drink Tracker app to track your units and stay within the legal limit.
- Non-Alcoholic Options: Go for non-alcoholic drinks or mocktails if you have to drive later.
What to Do Immediately If You’re Caught Drink Driving
If you find yourself in the unfortunate situation of being charged with drink driving there are some key things you should do straight away to protect your rights and secure the minimum penalty. The advice below is from experienced motoring solicitors who specialise in the legal process of defending drivers convicted of drink driving.
Stay Calm and Compliant
The initial interaction with the police officer is crucial. Stay calm, be polite and comply with their requests. Remember anything you say can be used in court so say as little as possible until you can speak to a solicitor.
Don’t Refuse the Breath Test
Refusing to take a preliminary breath alcohol test at the roadside can lead to more severe penalties than drink driving itself, including a longer ban and higher fine.
There are a small number of reasonable grounds for refusing a breath test including a genuine physical or mental disorder which prevents you from producing a sample.
Note Everything
If you can, make mental or physical notes about the circumstances leading up to and during the stop—times of day, last meal, when you last had a drink etc can be important.
Seek Expert Legal Advice
Once at the police station you have the right to speak to a solicitor for legal advice. If you don’t have one you can use the duty solicitor at the station. But given the complexity of these offences, having legal representation from a drink driving solicitor who specialises in such cases can make a big difference to the outcome of your case.
Call #1 Motoring Solicitors
At #1 Motoring Solicitors we know how stressful and confusing a drink driving charge can be. Our team of drink driving solicitors will support and guide you through the legal process to get the best result. If you are charged with drink driving do not delay get in touch with us straight away.
Our initial consultation will explain your situation and what to do next. Remember early advice is crucial in these situations so call us as soon as you can to talk about your case.
Understanding The Road Traffic Act 1988
To avoid being convicted of drink driving, it’s invaluable to properly understand the law as laid out in the Road Traffic Act 1988. Here is the wording related to drink driving cases:
(1) If a person—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.
The biggest takeaway from this piece of legislature, is that you should not drive a vehicle, or be in charge of a vehicle whilst over the strict alcohol limits laid out by the law. You are considered to be in charge of a vehicle if you are the registered keeper or have recently driven it.
The penalties can vary depending on the severity of the offence if you are found guilty of being over the legal limit in this situation. you may receive a a fine up to £2500 and a potential maximum sentence of three months custody.
To avoid your first drink driving offence, it is recommended that neither you or any other driver of your vehicle is over the legal limit in your car.
Legal Process for a First Time Drink Driving Conviction
Arrest and Charge
If you fail a roadside breath test you’ll be arrested and taken to a police station for further tests. If these confirm you are over the legal limit you will be found guilty of drink driving.
Court Appearance
You’ll have to appear in court. Drink driving offences are usually dealt with in a Magistrates’ Court. It’s recommended you have legal representation at this stage.
Drink Driving Penalties
- Driving Ban: Minimum period of 12 month driving ban for every person convicted. Driving disqualification can vary depending on the drink driving offence.
- Fine: Unlimited fine. Amount depends on income and the circumstances of the offence.
- Imprisonment: Up to six months in prison in serious cases for a first time offence. This will likely be higher if you have previous convictions.
- Points on Your Licence: 3 to 11 points on the driving licence.
Extra Consequences
- Increased Insurance Premiums: Your car insurance will go up.
- Criminal Record: A drink driving conviction will give you a criminal record which can affect your job prospects and international travel.
- Rehabilitation Courses: You may be offered a rehabilitation course which can reduce your ban by up to 25%.
- Community Service: You may be offered community service instead of a prison sentence if the drink driving offence is less serious.
Mitigating Factors
There are some drink driving cases where special circumstances can affect the outcome. Mitigating factors can include: driving in a genuine emergency; driving a very short distance; the driver showed remorse for drink driving; or the person convicted plead guilty. These can all benefit the defence of the person convicted in their first drink driving offence.
Other scenarios which could reduce the severity of the drink driving offence include: if the driver’s drinks were spiked; if the driver has a serious medical condition, mental disorder or learning disability; or if the defendant is the sole or primary carer for dependent relatives.
Each of these mitigating factors is taken into consideration, especially for first time offenders.
Aggravating Factors
Certain circumstances could increase the severity of the offence:
- Previous Convictions Relating to Drink Driving: If this is not your first drink driving offence, permanent driving bans and a prison sentence are more likely.
- Previous Convictions Relating to Dangerous Driving: If the driver is carrying passengers evidence of an unacceptable standard of driving, a driving ban is likely.
- Excess Alcohol: If you were significantly over the drink driving limit, your sentence could be increased.
- Serious Injury: If the severity of the offence caused death or life-changing injury by careless driving, the driver can face a life sentence in prison.
After the Ban
Once your ban is over you will need to apply for a new driving licence. In some cases you may need to have a medical to ensure you are fit to drive. You also receive a drink driving points on your driving license along with your drink driving conviction.
Many wonder how long will a drink driving endorsement stay on your license? These endorsements, and any traffic offence, will stay on your license for four years and may influence your insurance premiums. If you reach 12 points on your driving licence, you will receive a driving ban.
Summary
A first drink driving offence in the UK is serious and has long term consequences. Knowing your alcohol units, planning ahead to avoid drink driving and knowing the process if you are caught will help you mitigate the sentencing and avoid a driving ban.
If you are charged with your first offence of drink driving, it’s crucial you contact #1 Motoring Solicitors for legal aid from an expert drink driving solicitor. Remember: the safest option is not to drink and drive at all. By doing so you are protecting not only yourself but everyone else on the road.