Drink Driving Penalty: What to Expect
Driving under the influence of alcohol is a serious offence that can have life changing consequences. Despite the severity of the crime, drink driving is among the most common offences committed by UK citizens. If you have been arrested for driving whilst over the legal limit, then you will have questions about what comes next. At Harewood Law, we have detailed the most common queries we hear when providing advice on drink driving offences.
Defending the case
To begin with, we look at the circumstances surrounding the offence, the police involvement, and check all procedures have been followed correctly by the police. If defending the case is not an option we look to mitigate the offence.
What is the penalty for drink driving?
The penalty received for drink driving is dependent on several factors including the severity of the offence, and the magistrates who hear your case.
It is acknowledged that if you commit the following drink driving offences, you will potentially receive the following penalty:
Being above the legal limit whilst in charge of a vehicle:
Up to £2,500 fine
3 months’ imprisonment
Potential ban from driving
Being above the legal limit whilst driving or attempting to drive:
An unlimited fine
6 months’ imprisonment
Driving ban for a minimum of 1 year
Driving ban for 3 years if a repeat offence
Causing death whilst under the influence of alcohol:
An unlimited fine
Driving ban for at least 5 years
Life imprisonment
The requirement to resit an extended driving test before regaining your licence
In the case that you refuse to provide a breath sample for testing, you could also receive an unlimited fine, 6 months’ imprisonment and a 1 year ban from driving.
What to expect when you are caught drinking and driving
When you are pulled over by the police
If the police believe you are driving badly or decide for any number of reasons to stop you, they will be inclined to check whether you are under the influence of alcohol. They will drive behind your vehicle with flashing blue lights.
You must stop as soon as it is safe to do so, otherwise you could face further penalties. You will be breathalysed. If your result is clear, you will be allowed to return on your journey, but if it is not, you will be taken to a police station. In England there are three limits you must be aware of:
The Blood limit: the limit in blood is 80 milligrammes of alcohol per 100 millilitres of blood.
The Breath limit: the limit in breath is 35 micrograms of alcohol per 100 millilitres of breath.
The Urine limit: the limit in Urine is 107 Milligrammes of alcohol per 100 millilitres of breath.
The police station
At the police station, you will receive a second breathalyser test that will assess your condition with more accuracy. The police will inquire about the volume of alcohol you consumed and check whether you take any regular medication. It is vital that you cooperate.
You will be given the opportunity to contact someone if your test result is positive and assigned a cell for the night. Contacting a specialised drink driving solicitor is advised at this stage. Ask for Harewood Law, Leeds.
Going to court
Once you have been released, you will need to attend a court hearing.
What should you do if you are charged with drink driving?
The most important thing to understand when you are charged with drink driving is that refusing to cooperate will lead to a harsher sentence.
Be honest, and give the correct information.
Consequences of drink driving
Along with any penalties faced, a conviction of drink driving may have the following additional consequences:
Increased insurance payments
Permanent mark on your licence, which will be visible to employers
Trouble travelling to certain countries
Will you get a criminal record for drink driving?
Yes. Drink driving is a criminal offence that will be recorded.
However, a drink driving offence will become spent after 5 years, meaning it is no longer necessary to disclose the offence to insurance companies or employers.
How to reduce the disqualification period?
If you plead guilty to a drink driving offence, you may be able to reduce your disqualification from driving period by 25%. You will be given a choice of course providers and you will be required to pay for the course but ultimately if the Magistrates allow this you will be able to drive quicker.
If you’re in a difficult situation and require expert advice, you can count on Harewood Law. Our Drink Drive lawyers have a proven track record of securing the best outcome for our clients. If you’re facing drink driving charges, it is vital to act quickly in order to secure immediate access to exceptional legal advice.
Contact our leading driving offence solicitors today.
