Have you been convicted of drink driving within the last 10 years?
First Time Drink Driving Offence
If you’ve been charged with your first drink driving offence, we appreciate this can be a distressing and confusing time. However, it’s imperative that you act quickly to secure the specialist help you need – this could mean the difference between keeping or losing your licence. The earlier we can intervene, the sooner we can make a difference.
We can help you with;
- Checking the evidence
- Identifying defences
- Honest and free initial advice
First Drink Driving Offence
Understanding your options
We understand the impact of a criminal conviction because we represent ordinary people every day - and have done so for over 10 years. You'll know what we mean when we say that a drink driving offence always seems to come at the wrong time. You'll be experiencing a range of emotions; confusion, worry, and anxiety. You may also be wondering what to do in court, and whether you need legal representation. No doubt part of you - quite possibly a large part - is wanting to plead guilty and move on. Your conscience is telling you to own up. On the other hand, you need your vehicle for work and to earn a living. It's a dilemma that everyone faces in criminal cases but it's a decision they must make. We'll make that process a little easier.
We believe that every person - no matter your background - is entitled to specialist, affordable legal advice and representation. We are dedicated to upholding our beliefs and enforcing the rights of motorists nationwide. We have never charged anyone for initial advice, even if it's in person. So, drop us a line or pop by our office and we can chat for as long as you need.
Drink Driving Video - What to expect
Our Senior Solicitor, Conor Johnstone, talks in detail about drink driving offences, your options and potential defences.
Drink Driving Penalties First Offence
According to the Magistrates' Court Sentencing Guidelines, the penalty for a first time drink driving offence in the UK is a mandatory driving disqualification and a fine. In more serious drink driving cases, the court can impose community service or prison. Just because you have a clean record, does not mean that you cannot be sent to prison. Some cases are so serious that the magistrates have very little option but to lock you up. To find out more about the chance of prison in your case, read our booklet on prison sentences.
Every drink driving case is different, some involve breath tests, whilst others involved blood or urine. What shouldn't change, however, is the way in which the evidence is collected - and the statutory safeguards applicable under the Road Traffic Act 1988. In particular, Section 7.
In the real world the police make mistakes. If these specimens are not collected correctly, in accordance with the relevant statutory provisions, they may be excluded – meaning there’s no evidence to prove that you exceeded the prescribed limit.
It does not matter if you THINK you're guilty of drink driving. By law, the police are required to disclose reliable evidence to prove the case. The court cannot convict you if the evidence is unreliable.
Despite this being your first offence of driving under the influence, you could still face severe penalties. According to Quittance legal services, 140,000 people admitted to drink alcohol and driving in 2020. This trend shows no sign of slowing down. For this reason, the magistrates have extensive sentencing powers. These include;
- 6 months in prison
- A £5,000 fine
- Community Service
- A minimum 12 month driving disqualification
Other problems you could face include:
- Becoming a High Risk Offender
- Limited employment prospects
- A significant increase in your car insurance costs
- Difficulty travelling & obtaining visas
What happens if you are caught drink driving?
The police will ask you to provide a sample of breath if they suspect that you have been drinking alcohol and driving (even if you're not found in the driving seat!). If you refuse to comply with the roadside breath test without reasonable excuse, you will be arrested. The police will probably handcuff you and you will be taken to the local custody facility where you will be asked to provide two evidential samples of breath. The lowest evidential sample is the one that will be used in court. In some circumstances you might be asked to provide a sample of blood or urine. If you were refused the option of blood or urine, you may have a complete defence. We'd be happy to discuss this with you.
Breath readings aren't always reliable and may not be admissible in court. Send us your breath readings and we will tell you if a mistake has been made.
How do I know if the breath result is correct?
Can you get penalty points for drink driving?
If you were in the vehicle but not driving, you might have been charged with a different offence (known as being 'in charge' of a motor vehicle). You can read more about this offence here. The penalty for this offence depends on the level of alcohol and any previous convictions. The starting point when sentencing for an 'in charge' offence is 10 penalty points along with a fine. From time to time the CPS will accept a guilty plea to this offence instead of drink driving (even if they can prove that you drove the vehicle). This is known as a 'basis of plea' and is a quick and effective way of avoiding a driving ban for drink driving. The reason the CPS often accept a guilty plea to a lesser offence is because it guarantees a conviction and avoids the additional cost (and uncertainty) of a trial. Take a look at the case example below.
Richard is driving home from the pub in his works van. He loses control and crashes into a bus stop, demolishing the entire structure. The vehicle is so badly damaged it's undriveable. The police arrive and arrest Richard for drink driving. He blows twice the legal limit. The evidence provided by the CPS appears accurate. Rather than plead guilty and receive a lengthy driving ban, we decided to negotiate with the CPS. Using our existing lines of communication, we were able to secure a guilty plea to 'drunk in charge'. Richard received 10 penalty points in his driving licence.
How will my sentence be calculated?
The sentence for drink driving is split into two parts:
- the driving disqualification (known as the ancillary order)
- the fine, community order or prison sentence (known as the punitive sentence)
Most first time offenders receive a driving ban and a fine (rather than community service or prison).
The breath reading will determine the sentence imposed by the court. The higher the reading, the more severe the penalty. If you have been charged with drink driving and your breath reading is high, it is important that you contact us for free, specialist advice.
What happens if you plead guilty to drink driving?
A Magistrates' Court is like a production line - one case in and one case out. The more efficient the process, the more productive the factory. When you arrive at court you're usually greeted with chaos; defendants wondering around trying to figure out which court they're in and solicitors trying to locate their clients. The chaos slowly unfolds throughout the morning but levels-off around lunch time. Most defendants are told to get to court for 9:30am, so don't be surprised if you're queuing to get past security. Likewise, there may be a delay to get into court.
For our clients, this isn't an issue. We always arrive early to beat the queues and secure an interview room (away from the hustle and bustle). Therein, we can discuss the options and the review the evidence. This process can take a while but we'll have as long as we need. Once in court, you remain quiet and we do the talking.
If you enter a guilty plea the court will sentence you. To do this, they will refer to the Magistrates' Court Sentencing Guidelines. These guidelines contain minimum and maximum sentences for every criminal offence. They also contain a list of aggravating and mitigating features. Please remember that an early guilty plea cannot reduce the driving disqualification. People often incorrectly assume that they're receive a short sentence if they plead guilty.
It does not matter if you pleaded guilty at the police station. You are still entitled to check the evidence and plead not guilty. There is no such thing as 'bang to rights' in drink driving cases.
You may know by now that drink driving carries a mandatory driving disqualification. You can use our drink driving ban calculator to work out the length of your driving ban. Unfortunately, mitigation is largely ineffective in drink driving cases. In other words, it doesn't achieve much. The magistrates do not care if you need your vehicle to work or for family reasons - they will have to disqualify you.
The driving disqualification takes effect immediately. If you drive whilst disqualified, you can go to prison.
Drink Driving Ban Calculator
What type of sample did you provide?
What was the level reading for ?
Aggravating factors may increase the severity of the sentence. Examples include:
- previous convictions relating to the nature of the offence
- if the driver was carrying passengers
- evidence of an unacceptable standard of driving
- if the driver was involved in an accident
- if there was a high level of traffic or pedestrians in the vicinity
Mitigating factors may reduce the severity of the sentence. Examples include:
- no previous convictions or relevant/recent convictions
- if it was a genuine emergency
- if the driver’s drinks had been spiked
- if the distance driven was very short
- if the driver showed remorse or was of good character
- if the driver has a serious medical condition, mental disorder or learning disability
- if the driver is the sole or primary carer for dependent relatives
What happens if you plead not guilty to drink driving?
If you enter a not guilty plea at court you will not be disqualified. You can continue to drive for as long as the case takes to resolve (in most cases, 3 - 6 months). You will only be disqualified if you're found guilty of drink driving. The beauty of a not-guilty plea is that you remain in control. You do not need to push the case to trial and you can always change your plea at a later date if you want. If you plead guilty, you cannot later change your mind.
The driving ban cannot increase even if you're found guilty later on. You should enter a not guilty plea if you're not seen the following evidence;
- A witness statement from the officer who processed you
- The MGDDA document
- CCTV of the sample procedure
- The Schedule of Unused Material
- The breath test printout
- In cases involving blood/urine - the SFR1 and HO/RT5
Under Section 3 of the Criminal Procedure and Investigations Act 1966, the CPS must disclose to you any evidence they wish to rely upon and any evidence which satisfies the disclosure test. Evidence satisfies the disclosure test if it undermines the prosecution's case or assists the case for the defence. An example of this might be an incorrectly completed MGDDA document. The CPS might prefer not to disclose it but will have to because it undermines the Crown's case.
Have you seen the evidence you're entitled to see?
Drink Driving Solicitor Costs for a first offence
Appointing a specialist drink driving lawyer may not be as expensive as you think. We believe that every motorist has the right to independent and affordable legal advice and representation. It shouldn't cost you an arm and a legal AND there should be no hidden fees. These are the principles we stand by.
- Fixed fees.
M.A.J Law operate on a fixed fee basis. This means the fees remain the same throughout the case. You know what it will cost you before you decide to instruct us. If your cases becomes more complicated than we first expected, or takes longer to resolve than normal, the fees remain the same. This is our promise to you.
- Stages.
There are two types of fixed fee. A fixed fee that covers the whole case, or a fixed fee that falls in stages. Rather than charge an increased fee to cover the whole case, we charge with each stage of the case. This is the fairest way to pay for legal fees. If you pay an increased fee to cover the whole case through to a trial, but the case is dropped at your first hearing, you've paid for work that was never needed.
- Defence Costs Order
If we successfully defend your case you are usually entitled to a defence costs order (DCS). The purpose of a DCS is to compensate you for money paid towards legal fees. We employ a Costs Draftsman who will apply for costs on your behalf from Central Funds. Once the money is received, the payment will be made to you.
Drink Driving Breathalyser Calibration
Drink-drive rehabilitation course
Anyone found guilty of drink driving can be offered the drink-drive rehabilitation scheme course.
The course is always offered. The course will even be offered if you were found guilty of drink driving having first challenged the case! You cannot be denied access to the course just because you decide to plead not guilty to the offence in the first place.
The course (if completed) will reduce the length of any disqualification period by 25%.
Free initial advice on all motoring offences.
Failing to Provide a Specimen - First Offence
If you refused to provide a specimen, the police will charge you with failing to provide. This offence can have serious implications and there is always an increased risk of a custodial sentence where there is evidence of serious impairment and a deliberate refusal to take the test. There are defences available to this charge, including;
- Reasonable excuse
- Procedural mistakes
- Faulty device
- Blocked mouthpiece
If you have been charged with fail to provide it is important that you contact us straight away so we can consider your best options.
Thinking about pleading guilty?
As a specialist motoring defence firm, we have the expertise and knowledge to ensure the best possible outcome – whatever the circumstances. Our dedicated family-run team will meticulously challenge the accuracy of the evidence provided by the prosecution. You may have a full defence to the allegation without knowing.
M.A.J Law Reviews