First Time Drink Driving Offence: 8 Things You Ought to Know

At Motoring Defence Solicitors, we understand that looking for a drink driving solicitor can be an overwhelming and daunting experience, especially if this is your first time of being charged with drink driving. It goes without saying that this offence, if found guilty, can have serious consequences, including losing your driving licence, fines and even imprisonment. If you find yourself in this situation, it’s important to understand some important factors when charged with drink driving.

The first thing people usually want to know is the potential consequences of a drug driving or drink driving charge. This includes the likelihood of losing their license, the amount of any fines they may be required to pay, and the possibility of imprisonment. It’s important to understand these consequences so you can make informed decisions about how to proceed with your case.

Another important consideration when looking for a drink driving solicitor is their experience and expertise in handling drink driving cases. You want to find a solicitor who has a track record of success in defending drink driving cases, and who can provide you with the best possible defence.

We have summarised some top factors that should help educate and inform you, especially if you’ve never face a drink driving charge before.

Here are the top 8 things that anyone facing a drink driving or drug driving charge and possible conviction in the UK should know:

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1) Possible Penalties for Drink Driving:

Drink driving is a serious criminal offence in the UK, and the penalties for conviction can be severe, including fines, disqualification from driving, and even imprisonment.

If you are convicted of drink driving, the minimum penalty is a 12-month driving ban. The length of the ban can increase depending on the severity of the offence and whether you have any previous convictions.

In addition to a driving ban, you may also face a fine, community service, a curfew, or even imprisonment, depending on the circumstances of your case. In some cases, you may also be required to attend a drink driving rehabilitation course before you can get your driving licence back.

Below is a list of some possible penalties if you were to be found guilty of drink driving:

• A minimum 12-month driving ban: The length of the ban can vary depending on the severity of the offence and the offender’s previous driving record.
• Fine: A person convicted of drink driving may receive a fine of up to £5,000.
• Imprisonment: In more serious cases, a person convicted of drink driving may face a prison sentence of up to six months.
• Criminal record: A conviction for drink driving will result in a criminal record, which can have long-term consequences for employment and travel.
• Mandatory alcohol education course: A person convicted of drink driving may be required to complete a mandatory alcohol education course.
• Vehicle confiscation: In some cases, a person convicted of drink driving may have their vehicle confiscated.
• Ignition interlock device: A person convicted of drink driving may be required to install an ignition interlock device in their vehicle, which requires them to pass a breathalyser test before the vehicle will start.
• Increased insurance premiums: A conviction for drink driving can result in higher insurance premiums or even the cancellation of insurance policies.

2) Possible Penalties for Drug Driving:

It’s important to note that the specific penalties for drug driving can vary depending on the circumstances of the offence, below are some possible penalties for a drink driving conviction:

• A minimum 12-month driving ban: The length of the ban can vary depending on the severity of the offence and the offender’s previous driving record.
• Fine: A person convicted of drug driving may receive a fine of up to £5,000.
• Imprisonment: In more serious cases, a person convicted of drug driving may face a prison sentence of up to six months.
• Criminal record: A conviction for drug driving will result in a criminal record, which can have long-term consequences for employment and travel.
• Mandatory drug education or treatment: A person convicted of drug driving may be required to complete a mandatory drug education or treatment course.
• Vehicle confiscation: In some cases, a person convicted of drug driving may have their vehicle confiscated.
• Increased insurance premiums: A conviction for drug driving can result in higher insurance premiums or even the cancellation of insurance policies.
• ADR (Alcohol and Drug Rehabilitation Requirement) Order: A person convicted of drug driving may be ordered to attend and complete an ADR course as a requirement of their sentence.

3) Seek Expert Legal advice (sooner the better):

If you are charged with drink driving, it is essential to seek legal advice from a qualified solicitor as soon as possible. They can help you understand your legal rights and guide you through the legal process. Overall, seeking legal advice and representation for a drink driving charge in the UK as soon as possible can be an important step in protecting your rights, minimising the impact of the charge on your life, and potentially reducing the penalties you may face.

• Legal expertise: A solicitor who specialises in drink driving cases will have a deep understanding of the law and the legal process, which can be invaluable in building a strong defence and protecting your rights.
• Early intervention: The sooner a solicitor is involved in your case, the better chance they will have to gather evidence, interview witnesses, and build a strong defence. This can be particularly important in cases where evidence may be time-sensitive or difficult to obtain.
• Strategic guidance: A solicitor can provide strategic guidance on how to approach your case, including whether to plead guilty or contest the charge, and what arguments to make in your defence.
• Reduced penalties: In some cases, a solicitor may be able to negotiate reduced penalties or even have the charges dropped altogether, which can save you time, money, and stress.
• Court representation: A solicitor can represent you in court, which can be particularly beneficial if you’re not comfortable speaking in public or if you’re unfamiliar with court procedures.

4) Legal Limits for Drink and Drugs:

The legal alcohol limit for driving in England, Wales and Northern Ireland is 80 milligrams of alcohol per 100 millilitres of blood (or 35 micrograms per 100 millilitres of breath). In Scotland, the limit is lower at 50 milligrams of alcohol per 100 millilitres of blood (or 22 micrograms per 100 millilitres of breath). Unfortunately, we are unable to defend clients in Scotland. The law in Scotland is slightly different to that in England and Wales and we would recommend speaking to a specialist based in Scotland.

In the UK, there are legal limits for certain drugs that can be present in a driver’s system while operating a vehicle. These limits are measured in micrograms per litre of blood (μg/L) and vary depending on the specific drug.

The current drug driving legal limits in the UK are as follows:

• Benzoylecgonine (a metabolite of cocaine): 50μg/L
• Cocaine: 10μg/L
• Delta-9-tetrahydrocannabinol (THC, the active ingredient in cannabis): 2μg/L
• Ketamine: 20μg/L
• LSD: 1μg/L
• Methylamphetamine (crystal meth): 10μg/L
• MDMA (ecstasy): 75μg/L

It’s worth noting that these limits are set very low and are designed to catch drivers who have recently taken drugs, rather than those who may have residual amounts in their system from previous use. It’s always safest to avoid driving after taking any drugs, including prescription medications that may impair your ability to drive.

The above limits refer to the guidelines for drug driving in the UK. Police Officers may be encouraged to follow a zero-tolerance approach to drug driving when illegal drugs are involved, meaning that any amount of illegal drugs detected in a driver’s system while operating a vehicle can result in a drug-driving offence. It’s important to note that the penalties for drug driving can be severe, including fines, driving bans, and even imprisonment. Therefore, it’s always best to avoid driving after taking any drugs, including prescription medications that may affect your driving abilities but with prescription it’s worth discussing with a GP or medical professional.

5) Unfit to Drive Through Drink:

It is possible to be charged with drink driving even if you are below the legal limit if the police believe your driving has been affected by alcohol. This is known as being “unfit to drive through drink.”

If you have been charged with being unfit to drive through drink in the UK, even if you were below the legal limit, you could face penalties such as a driving ban, a fine, and even imprisonment in severe cases. The severity of the penalty will depend on the specific circumstances of your case, such as the level of impairment, the danger posed to others on the road, and any previous convictions.

The courts may take into consideration any mitigating factors when deciding on the penalty, such as your level of remorse, cooperation with the police, and any steps you have taken to address the issue, such as seeking treatment for alcohol dependency.

To help your defence and potentially avoid a conviction, it is advisable to seek legal advice from a qualified solicitor who specialises in motoring law. Your solicitor can help you understand your rights, provide legal representation in court, and advise on any possible defences that may be available to you, such as challenging the reliability of the breathalyser test or questioning the evidence provided by the police.

6) Failure to Provide:

If you refuse to provide a breath, blood or urine sample when asked to do so by the police, you can be charged with failing to provide a specimen, which carries the same penalties as a drink driving conviction.

7) Impact of a Drink Driving Conviction:

A drink driving conviction can have a significant impact on your life, including your employment prospects and your ability to travel, so it is essential to take the charge seriously and seek legal advice as soon as possible.

8) Honesty is the best policy:

Finally, if you have been charged with drink driving, it is important to be honest with your solicitor about the circumstances of your case. They are there to help you and will need to know all the facts in order to provide you with the best possible advice and representation. By being honest and transparent with your solicitor about the circumstances of your case and any underlying issues that may have contributed to your situation, such as alcohol dependency or mental health issues. By doing so, your solicitor can build a strong defence that takes into account your specific situation and may help to secure a more lenient penalty or even an acquittal.