Deciding to drive home after a few drinks is a choice that can change your life. Drink-driving is a serious offence with serious legal and personal consequences. If you get caught driving over the legal alcohol limit and find yourself in this situation, #1 Motoring Solicitors are here to guide you through the legal maze and get you the most favourable outcome. In this blog, we’ll look at the consequences of drink-driving and show you how expert legal help can make all the difference.
Consequences of Drink Driving
Drink-driving isn’t just reckless behaviour; it’s a criminal offence with significant short and long-term consequences. Understanding these implications is crucial if you are found guilty of drink-driving. Some penalties included in the sentencing guidelines are as follows:
Legal Drink Driving Penalties
The legal consequences of drink-driving-related offences are severe and vary depending on the circumstances of your case and whether you are considered a high-risk offender. Here are some of the penalties you could face:
- Driving Ban: A drink-driving conviction will always result in a minimum 12-month driving disqualification, as detailed in the Road Traffic Act 1988. Depending on the severity of the drink-driving offence, the actual penalty could be much longer. You may also be required to take an extended driving test to get your driving licence back.
- Unlimited Fine: The financial cost of a drink-driving conviction can be large. Fines are unlimited and are based on your income and the circumstances of your offence. The unlimited fine you receive may be substantial.
- Imprisonment: In serious cases, especially for repeat offenders, high-risk offenders, incidents causing death, or high alcohol readings, a prison sentence may be imposed. This can be up to 6 months for a first-time offender but longer for those with previous convictions or other aggravating factors.
- Points on Your Licence: A drink-driving conviction will also get you between 3 and 11 points on your licence. Accumulate points, and you could face further disqualifications and higher insurance premiums in the future.
Other Drink Driving Penalties
Beyond the immediate legal drink-driving penalties, several other consequences of getting caught drink-driving can affect many areas of your life:
- Higher Insurance Premiums: A drink-driving conviction will usually result in much higher motor vehicle insurance premiums. Insurers see you as a high-risk driver and will charge you more.
- Criminal Record: A drink-driving conviction will get you a criminal record, which can impact your job prospects, especially if you work in an industry that requires a clean record. A criminal record can also scupper international travel plans to countries like the United States.
- Rehabilitation Courses: Offenders may be offered a rehabilitation course. Completing this course can reduce your ban by up to 25% so you can get your driving licence back sooner.
- Community Service: For a less serious drink-driving-related offence, you may be sentenced to community service or a community order. While this is better than jail time, it still requires time and effort that may impact your job and personal commitments.
How Can #1 Motoring Solicitors Help?
Facing a drink-driving charge is intimidating, and seeking legal advice is a crucial step to mitigate the consequences. #1 Motoring Solicitors can provide the advice and representation you need to get through the process. We can assist you with:
Exploring Your Options
Understanding your options is one of the first steps in dealing with a drink-driving charge. A solicitor from #1 Motoring Solicitors will explain the choices available and help you decide what to do next based on your circumstances. You may be eligible for a lighter sentence if you can prove mitigating factors like good character or if you were driving while over the legal limit due to a genuine emergency.
Other factors, like refusing a breath, blood, or urine test without a reasonable excuse, attempting to drive to an unacceptable standard, using drugs while driving, or careless driving can make your defence more difficult.
Negotiating or Appealing Your Sentence
A solicitor can also negotiate with the prosecution for a reduced sentence or alternative charges. In some cases, they may be able to get your case dismissed altogether, depending on the evidence and circumstances. Situations that may cause undue hardship if you can’t drive, like being the primary carer for a child or disabled loved ones, may also help mitigate penalties like being banned from driving.
If you think your sentence is unfair or too harsh, a solicitor can advise you on appealing. They can guide you through the appeals process and represent you in court if necessary.
Finding Defences
Every case is different, and a solicitor can help you identify defences to your charge. For example, if the police didn’t follow procedure or there’s a discrepancy in your breath test, these could be valid defences.
Representing You in Court
Having a solicitor represent you in magistrates court is vital. They can speak on your behalf, advise you about what to say, and help present your case in the best possible light. This professional representation can make a big difference to your case and may help you avoid consequences, like a driving ban, an unlimited fine, and more.
Conclusion
Drinking and driving is a serious charge with serious consequences, but with the right legal support, you can manage these and get a better outcome. #1 Motoring Solicitors have the expertise and experience to defend your case and protect your licence and reputation. If you drive over the legal limit and get a drink-driving charge, get expert legal advice as soon as possible to explore your options and get the best defence. Contact #1 Motoring Solicitors today for more information and advice.