Receiving a drink driving conviction can be a distressing experience, especially if it is your first misdeed, as it has immediate and long-term consequences.
Drink driving offences carry notable penalties, with the chances of losing your licence and the future impact on your careers and livelihoods.
If you are reading this guide means there is a chance are you or someone you know is facing this situation right now.
Such a situation can be uncertain, troubled, filled with anxiety, and you can have questions in your mind about what comes next.
This guide will take you through the legal process as a drink-driving offender, show you what penalties you might encounter and how legal aid from a drink-driving solicitor can help.
Let’s discuss in more detail in the following guide.
The immediate outcomes of being caught
When a police officer catches you drunk driving, they can ask you to take a roadside breath test.
This test is usually done if you are involved in the following:
- You smell like alcohol
- If you are involved in an accident
- When you are driving erratically
- Visibly drunken
If you fail in breath test, you will get arrested and they will take you to the police station. In the police station more accurate breathalyser test will be performed on you.
You may also need to provide a blood or urine sample according to your circumstances.
If you decline to provide a sample without any valid reason, like a medical condition, then it is treated as a separate offence and carries more penalties.
Process at the police station:
At the police station, you will be carefully engaged and your rights will be read to you.
- You may be detained in a holding cell
- You may be asked to provide more evidence, like breath, blood, or urine samples
- You may be interviewed under caution
- You need to provide personal details
If your blood alcohol concentration after testing is above the legal limit of 35 micrograms per 100ml of breath, then you will be charged with drink driving.
In many cases, they may release you on bail or under investigation on a date to appear at the Magistrates Court.
What are the legal limits?
In the UK, the legal alcohol limits for drivers are mentioned below and exceeding these limits means you are driving under the influence:
- 35 mcg of alcohol/ 100 ml of breath
- 80 ml of alcohol/ 100 ml of blood
- 107 ml of alcohol /100 ml of urine
What is next?
Drink driving cases are usually handled by the Magistrates’ Court. At court, you will be required to enter an appeal like,
- Guilty: The case may proceed to sentencing immediately.
- Non Guilty: A trial date will be given by the court, and CPS will collect the evidence against you.
Knowing about penalties:
The penalties will be serious and life-changing if you are found. punishment will depend on the intensity of the offence and your level of drunkenness. The penalties are like:
- Driving ban: Mandatory minimum 12 months, or it can be longer for repeat offenders.
- Fines: Up to £5,000 or more
- Imprisonment: Up to 6 months for serious offences
- Criminal record: A Criminal record can affect your employment, travel, and insurance
The role of legal representation:
Legal representation is not just about trying to avoid a judgment, but it is about making sure that your rights are protected, and the process will be fair, also your punishment reflects the overall condition of your situation.
Having a specialised solicitor represent you in court can important impact on the below:
- Outcome of the case
- The seriousness of the penalty
- Whether you can argue for exceptional hardship or special reasons to avoid a ban
If you are in this kind of situation, then it is strongly recommended that to consult professionals like London Drink Driving Solicitors.
Their dedicated team specialises in drink driving cases over London and has huge experience in traversing the complex legal proceedings.
Right from challenging the legality of arrest up to advocating for lower penalties.
Can you get your licence back soon?
In some conditions, you can apply to get your licence back early after serving a portion of your ban, and it is usually after 2 years. You need to apply to the court and demonstrate,
- Genuine rehabilitation
- No risk to public safety
- Changes in personal circumstances
Tips to prevent future offences:
- Avoid drinking before driving at all; even small amounts can affect your ability.
- Use public transport or taxis if you plan to drink.
- Stay overnight if you are unsure you will be under the limit by morning.
- Invest in a personal breathalyser, though not always 100% accurate, they can provide a helpful indication of BAC levels.
- Education, awareness, and responsible decision-making are key to avoiding future legal trouble.
Conclusion:
Caught drink driving in London is a serious trouble with legally as well as personally. Although understanding your rights, knowing the process, and getting expert help can make a remarkable difference to your consequences.
Every case is different, whether you made a mistake, were wrongly accused, or simply need someone to fight for the best possible result, don’t face the courts alone. With experienced legal professionals like London Drink Driving Solicitors on your side, you have a stronger chance of navigating this difficult time with clarity and support.
