What happens if you get caught drink driving follows a basic procedure:
- the police are involved
- you are requested to supply one or all of the following samples; breath, blood, urine
- you will attend a police station either at the time of the incident or at a later date
- you will likely be released on bail to await a trial date in Court
Unless this is not your first offence, you will be possibly be wondering after caught drink driving what happens next?
Punishment for Drink Driving
As mentioned on our Sentencing Guidelines page, under the Road Traffic Act 1988 Section 5 drink driving is classed as a criminal offence.
Therefore, if you are found guilty you will have committed a criminal offence, and will receive a mandatory punishment for drink driving. And a criminal record, with this conviction appearing on said criminal record for five years.
Just as in all aspects of life, there is often no ‘one size fits all’ solution, and a drink driving punishment is no exception.
Again, our Sentencing Guidelines page mentions the main legal punishments available to the Courts namely:
- a driving ban, also known as a disqualification, of twelve months, three years, five years or a total ban
- penalty points on your driving licence
- a fine of up to £25,000.00 or an unlimited fine
- a custodial sentence of three months to life
- having to take an extended driving test to be able to apply for a new driving licence
As explained below, the drink driving offences have drink drive conviction codes attributed to them. Some will remain on your driving record for eleven years. The others for four years. And the same goes for the penalty points on your driving licence.
Always remember though that a court punishment for drink driving is a legal one. There are many more circumstances that can be considered as a drink driving punishment should they occur, such as:
- loss of employment
- financial strain
- more expensive insurance
- inability to hire a vehicle
- inability to take a courtesy car
- family breakups
- friendship breakups
- mental health problems
- the weight of guilt should the offence have caused harm to someone else
- the inability to travel to countries that do not allow people with a criminal record to enter their borders
Drink Driving Charges
In the case of drink driving charges, there is a mandatory minimum ban for drink driving of twelve months, i.e a whole year. With the addition of penalty points on your driving licence.
Having said that, depending on what drink driving offence you have committed there are a range of other drink driving charges you could be found guilty of. On our Sentencing Guidelines page we mention the types of charges you could be sentenced for namely:
| Offence |
| Driving or attempting to drive with alcohol level above limit |
| Driving or attempting to drive while unfit through drink |
| Driving or attempting to drive then failing to supply a specimen for analysis |
| Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity |
| Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive |
| In charge of a vehicle while alcohol level above limit |
| In charge of a vehicle while unfit through drink |
| Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive |
| Failing to co-operate with a preliminary test |
Drink Drive Conviction Code
The sentence you receive will be influenced by the Sentencing Guidelines the Courts must follow. Additionally it will depend on the drink drive conviction code applied to your offence.
| Code | Offence | Points |
| DR10 | Driving or attempting to drive with alcohol level above limit | 3 to 11 penalty points |
| DR20 | Driving or attempting to drive while unfit through drink | 3 to 11 penalty points |
| DR30 | Driving or attempting to drive then failing to supply a specimen for analysis | 3 to 11 penalty points |
| DR31 | Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity | 3 to 11 penalty points |
| DR61 | Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive | 10 penalty points |
| DR40 | In charge of a vehicle while alcohol level above limit | 10 penalty points |
| DR50 | In charge of a vehicle while unfit through drink | 10 penalty points |
| DR60 | Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive | 10 penalty points |
| DR70 | Failing to co-operate with a preliminary test | 4 penalty points |
Drink Drivers in Court
What happens if you get caught drink driving will involve being prosecuted in Court. Attending Court is not something most non-legal people actively wish to do. No matter how confident you feel, how strong your case is and how good your legal representative is, the experience itself can still be quite unnerving on the day.
Additionally, whatever your attitude may be to your situation, on the actual day complete strangers will be deciding your immediate future. Being as prepared as you can, both physically and mentally is important.
Legal Representation
You will need to decide whether or not you would like to have legal representation in Court. LTP Driver Training are unable and unqualified to offer any form of legal advice. However, we can highly recommend the legal firm Lucinda Dore Solicitors Ltd.
We understand that for many people this decision can be wholly based only on affordability. Only you can decide whether any legal representation costs outweigh the potential pitfalls if you are not represented.
Do your research when appointing a solicitor. In general solicitors tend to specialise in particular areas of law. Therefore for example, a divorce lawyer would not be a sensible choice for a drink driver in Court. Look for legal firms that show proof of specialising in drink driving defence law, such as Lucinda Dore Solicitors Ltd.
Legal Advice at the Police Station
By law the police must tell you about your right to free legal advice. This must be between you being arrested and subsequently being questioned at a police station.
Your options are as follows:
- the police station will have someone called a ‘duty solicitor’. This is someone that can give you free, independent legal advice at all hours of the day and night. You may ask to speak to this person.
- you many also tell the police that you require legal advice. They will then contact the Defence Solicitor Call Centre (DSCC).
- should you already have your own solicitor, you can ask the police to contact them.
- if you wish to use any other private legal firm then again, ask the police to contact them.
Duty Solicitors & Legal Aid
These are fully qualified defence solicitors that work in law firms close by to police stations and Courts. They work to defend anyone arrested for a crime and/or taken to Court. They work on a rota system to ensure access to legal advice/representation every day and hour of the week. They do not work for the police or the Courts.
Duty solicitors are part of the Government’s Legal Aid Agency. Legal Aid can help with other legal work, there are eligibility checks to pass this, but it is straightforward to find out if you are eligible.
Handy Tips
As mentioned above, complete strangers will be deciding your immediate future. Whether one agrees or not, behaving well in Court can hopefully benefit you when the magistrates are delivering the final sentence.
With this being the case, it is in your best interests on the day of your Court case to adopt the following steps:
- dress smartly as this shows the magistrates that you respect them and that you are taking the matter seriously*
- be punctual by allowing yourself plenty of travelling time to the Court.
- aim to arrive at least fifteen minutes before the case start time given to you on the Court paperwork
- arrive even earlier if you are planning to speak to a duty solicitor on the day, as this could take time to organise by the Court.
- magistrates and Court officials have ‘seen it all before’ so do not act as if you believe them to be ‘stupid’.
- be honest, compliant and fully respectful.
- if you are given a driving ban for drink driving agree to take, and complete in full, a drink driving rehabilitation course. You can choose which provider to use, so tell the Court that you would like to use LTP Driver Training. The Court will contact us and we will guide you from there.
*For example, if you would like to wear a suit but do not own one and cannot afford one, ask friends and family if you can borrow one. Or visit local charity shops as they tend to have suits in most of the time.
For any further information or questions please view our FAQs page and refer to our full terms and conditions.
