If you are currently facing a drink driving charge, you are likely to have many questions in relation to your options, your likely sentence, and the impact of this on you and others. The aim of this article is to help answer some of those burning questions.
You may find yourself facing a drink driving charge following the police taking two breath samples, or extracting a blood or urine sample from you.
When and why do the police take breath, blood or urine?
Breath samples are the most common samples required in drink driving investigations.
However, you may be required to provide a blood or urine sample for one of the following reasons:
- You had a medical reason why you could not provide breath (or blood/urine)
- There was an error with the breathalyser or the readings you provided
- The breath readings you supply are too far apart from one another
- There was not a breathalyser available to use, or
- You were taken to hospital.
You may already have your reading, or you may be awaiting your reading from the police.
What reading will be used?
If you provided a breath sample, it is the lower of the two breath specimens provided at the police station that is the relevant reading for the prosecution and sentencing, not the roadside breath test.
If you provided a blood or urine sample, the sample will have been split into two so that you have the option to test your own sample. However, the prosecution will only have one reading which is the result of their analysis of the sample they send off for testing, after being taken at the police station or hospital.
Sentencing
The type of sentence you face if you plead guilty or are found guilty will depend upon the level of alcohol found in your breath, blood, or urine sample.
Legal alcohol limit
Breath – 35 Micrograms of alcohol per 100 millilitres of breath
Blood – 80 Milligrammes of alcohol per 100 millilitres of blood
Urine – 107 Milligrammes of alcohol per 100 millilitres of urine
How long will I be disqualified for?
| Level of alcohol | Starting point | Range | Disqualification | Disqualification 2nd offence in 10 years | ||
|---|---|---|---|---|---|---|
| Breath (μg) | Blood (mg) | Urine (mg) | ||||
| 120 – 150 and above | 276 – 345 and above | 367 – 459 and above | 12 weeks’ custody | High level community order – 26 weeks’ custody | 29 – 36 months (Extend if imposing immediate custody) | 36 – 60 months |
| 90 – 119 | 207 – 275 | 275 – 366 | Medium level community order | Low level community order – High level community order | 23 – 28 months | 36 – 52 months |
| 60 – 89 | 138 – 206 | 184 – 274 | Band C Fine | Band C Fine – Low level community order | 17 – 22 months | 36 – 46 months |
| 36 – 59 | 81 – 137 | 108 – 183 | Band C Fine | Band B Fine – Band C fine | 12 – 16 months | 36 – 40 months |
The court must disqualify you for a minimum of 12 months if this is your first offence within 10 years. If you have one or more relevant convictions in the past 10 years for drink driving, drug driving, or failing to provide a specimen for analysis, you will be disqualified for a minimum of three years. The period of disqualification may be more than 12 months (or three years) depending upon the level of your reading.
If this is your first conviction of this nature, you are likely to be offered to participate in a drink drive rehabilitation course which, if successfully completed by the date specified by the court, can reduce your disqualification by up to 25%.
Will I face any other penalties?
You will face a fine, community order, or custodial sentence depending upon your reading, the seriousness of the offence, and your previous convictions.
Factors that are likely to increase the seriousness of the offence and the court will take these into account when considering the most appropriate sentence for the offence, can include:
- having recent and/or similar previous convictions,
- being involved in an accident,
- proof of a poor standard of driving,
- bad weather conditions,
- carrying passengers in the vehicle, or
- the offence being committed in high levels of traffic or pedestrians
Factors such as having no recent or relevant previous convictions, remorse, and cooperation with the police can act as mitigation which the court will take into account when deciding on your sentence. The court will also take into account your personal circumstances and the impact of the minimum 12 month (or three year) disqualification on you and others.
If you plead guilty to drink driving at the first hearing, you will receive up to one-third reduction from any fine, community order, or custodial sentence. This will be decreased, the further the proceedings go on.
You would receive a maximum one-tenth reduction if you pleaded guilty on the first day of your trial.
If you are at risk of prison, an early guilty plea could be the difference between a suspended sentence and an immediate custodial sentence. You can read our recent blog about the likelihood of prison in drink drive cases here and can contact us directly for more tailored advice in terms of whether or not you are at risk of a prison sentence in your case.
Does drink driving create a criminal record?
If you plead guilty or are found guilty of a drink driving offence, this will create a criminal record and will appear on your DVLA record for 11 years from the date of the conviction. This will also show on a DBS check.
Is there any way to avoid a disqualification and conviction?
If you plead guilty to the offence, you cannot avoid the disqualification and conviction.
However, it may be that you have a special reason for saving your licence, such as you were spiked, only drove a short distance, or drove in an emergency situation. If accepted, special reasons can enable the court to depart from the drink driving sentencing guidelines above, and so you may receive a reduced disqualification or no disqualification at all. Special reasons, if found, might avoid the disqualification, but will not avoid the conviction, as you will still be pleading guilty but with special reasons. For more information regarding specific special reasons, please see our special reasons page.
The only way to challenge the drink driving charge you face, in attempt to avoid the disqualification and conviction, is to plead not guilty. There may not be an obvious factual defence in your case but we regularly defend cases on a technical or procedural basis and secure a not guilty verdict .
Can you help me?
Whether you are worried at the prospect of attending court, a disqualification, conviction, community order or custodial sentence, or you would like some more tailored advice and legal representation, we will be happy to discuss your case with you. Call our team on 0800 1389 123 for some free initial advice about your position and how we can help you.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
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