What Happens if You Are Facing Drink Driving Accusations?

Facing drink driving accusations can be overwhelming. It’s a serious criminal offence under UK drink driving law with potential consequences for your driving licence, job, and personal life. Understanding the process can make all the difference. For expert legal support, 1 Motoring Solicitors can provide the guidance you need to navigate your case effectively. Here’s what happens if you are facing drink driving accusations and how to respond.

What is Drink Driving?

Drink driving refers to operating a vehicle while over the legal drink driving limit. In England, Wales, and Northern Ireland, the legal limit is:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams per 100 millilitres of blood
• 107 milligrams per 100 millilitres of urine

Even small amounts of alcohol can affect your ability to drive safely and lead to a drink driving offence.

What Happens After You Are Stopped?

If a police officer suspects you of drink driving, they can stop your vehicle. You may be asked to:

• Provide a breath test: Using a roadside breathalyser test.
• Take a field sobriety test: To assess your coordination.

If you fail or refuse the breath test without a genuine emergency or reasonable excuse, you may be arrested and taken to the police station for further tests. If you are caught drink driving, the consequences can be severe, including immediate arrest and potential charges.

At the Police Station

You will undergo more accurate tests, like:

• Evidential breath test
• Blood or urine sample (if breath tests are not possible)

If the test results show you’re over the legal limit, you could be charged with a drink driving offence. This could eventually lead to a drink driving conviction if found guilty in court.

What Are the Penalties?

Drink driving penalties vary depending on the offence and circumstances:

• Driving or attempting to drive over the limit: Up to six months in prison, an unlimited fine, and a mandatory driving disqualification of at least 12 months (3 years if you have previous convictions within 10 years).
• Refusing to provide a specimen: Similar penalties as above.
• Causing death by dangerous driving while under the influence: Up to 14 years in prison, an unlimited fine, and a minimum 2-year driving ban.

Penalties may also include community service, a licence endorsement, and legal costs. A drink driving conviction can have long-term effects on your employment prospects, insurance costs, and ability to travel abroad.

Your Legal Rights

You have the right to:

• Seek expert legal advice: Contact a drink driving solicitor before answering questions.
• Remain silent: Except when providing basic information (name, address).
• Apply for legal aid if you qualify.

For expert legal advice, 1 Motoring Solicitors can guide you through the legal process, offering extensive experience with drink driving offences.

Possible Defences

Common defences include:

• Procedural errors: The police didn’t follow correct procedures.
• Medical conditions: Certain conditions can affect breath test results.
• No intent to drive: If you weren’t actually driving or intending to drive.
• Other circumstances: Such as a genuine emergency.

What Should You Do If Accused?

• Stay calm: Cooperate with the police.
• Document everything: Write down details of the incident.
• Seek legal representation: A solicitor can advise on the best course of action.

Understanding what happens if you are facing drink driving accusations can help you respond appropriately and protect your legal rights.

Going to Court

If you receive a court date for a magistrates court hearing:

• Plead guilty if you accept the charge, which may reduce your sentence.
• Plead not guilty if you believe you have a defence.

Drink driving charges can lead to a criminal record if found guilty. Factors like previous criminal convictions or aggravating factors can result in harsher penalties, including custodial sentences.

Mitigating Factors

Courts may consider mitigating factors to reduce penalties, such as:

• First offence
• No previous convictions
• Cooperation with the police
• Personal circumstances, like if your job requires driving

Final Thoughts

Drink driving accusations are serious, but knowing your rights and the legal process can make a big difference. Acting quickly, seeking expert legal advice, and understanding your options are key to protecting your future. Whether it’s your first offence or you have previous convictions, professional support can help you navigate the complexities of drink driving charges effectively.