Receiving a drink driving offence can be a scary experience. This article will walk you through what will happen on a first drink driving offence, the consequences, and the law. Knowing the process and what to expect is key to making informed decisions. Whether you’re looking for legal advice or just want to know the drink driving penalties, this article will help. For more information, visit 1 Motoring Solicitors.
Drink Driving Limit
In the UK, the drink driving limit is defined in the Road Traffic Act. For most people, the limit is 35 micrograms of alcohol per 100 millilitres of breath or 80 milligrams of alcohol per 100 millilitres of blood. The limit varies depending on the test—breath test, urine sample, or breath specimen—that is carried out. In Northern Ireland, the limit is similar, but the enforcement is stricter.
What Happens After Being Caught Drink Driving?
When a driver is caught drink driving, they are usually taken to the police station for further testing. A police officer will do a preliminary breath alcohol test to see if the driver is over the limit. If the test shows excess alcohol in the system, the driver will be charged with drink driving.
At the police station, the driver will be asked to provide a more accurate breath specimen. Refusing to do so will result in drink driving charges. Depending on the severity of the offence and the circumstances, the driver will be formally charged with drink driving and required to attend court.
Penalties for a First Drink Driving Offence
For a first time offence, the penalties can still be harsh. A drink driving conviction will result in a minimum 12-month driving ban. The minimum penalty is a fine, but the court can impose an unlimited fine depending on the severity of the offence. Penalty points on your driving licence will also be added to the licence.
In more serious drink driving cases, first time offenders can get up to six months in prison, especially if there were aggravating factors, such as serious injury. A community service order may be imposed if the court thinks it’s appropriate. Previous convictions for other driving offences or any previous drink driving convictions will impact the penalty.
Drink Driving Solicitor
It’s usually best to get expert legal advice when faced with a drink driving conviction. A drink driving solicitor will help you understand the process, the penalties, and how to get through the court. They may also look at mitigating factors, such as if the person convicted was a sole or primary carer or if there was an emergency at the time of the offence. Expert advice will help you make informed decisions throughout.
Aggravating and Mitigating Factors in Drink Driving Offences
When deciding the penalty, the court will look at aggravating factors such as carrying passengers or previous drink driving or other serious criminal convictions. If the driver was in charge of a vehicle with excess alcohol and caused harm to others, this will result in harsher penalties.
Conversely, mitigating factors can reduce the sentence. For example, the driver showed remorse or was suffering from a serious medical condition or mental disorder. Being the sole or primary carer for dependent relatives may also be a mitigating factor.
Legal Process and Representation
The legal process for a first drink driving offence usually starts with a court appearance, where the driver must plead guilty or not guilty. Those who plead guilty may get a reduced sentence. A drink driving solicitor can represent the accused in court and present any mitigating factors. This is especially important if the accused has previous convictions for other criminal offences or driving incidents.
If found guilty of drink driving, the individual will get a criminal record, which can have long-term implications for future employment and travel restrictions. The severity of the offence and whether the driver is a first time offender or has previous convictions will determine the outcome.
Why Get Legal Advice
Getting legal advice early on in the process can make a big difference in drink driving cases. A drink driving solicitor will look at whether the preliminary test or breath specimen was conducted properly and whether the legal alcohol limit was correctly applied. They will also advise on what it means to be found guilty of drink driving and what the penalties are, including a driving disqualification or driving ban.
Penalties and Sentencing
The penalties for a first drink driving offence can be an unlimited fine, community service, or prison in more serious cases. The penalties will also depend on the specific circumstances of the case, such as previous convictions or aggravating factors like serious injury.
They may also be disqualified from driving for a set period and struggle to get affordable car insurance when their licence is reinstated.
Summary: First Drink Driving Offence
Knowing what to expect on a first drink driving offence will help you prepare for the process and make informed decisions. Drink driving can have serious legal consequences, including a criminal record and driving bans.
Get a drink driving solicitor and get your mitigating factors in, and you may be able to reduce the effect of the conviction. Get expert legal advice to understand the whole process and be prepared for the court’s decision. Remember, drink driving is a serious criminal offence in the UK, and the outcome will affect many areas of your life, even if it’s your first time.
