Caught Drink Driving For The First Time
What happens when you get charged with drink driving?
We recently published a whole page about being caught drink driving for the first time. You can visit it here.
So you've been caught drink driving for the first time. Google can be a great source of information but, unfortunately, it is not always right. The law is constantly developing and drink driving offences are no exception. A defence that applies today might not apply tomorrow. So be careful not to act on outdated or unreliable information. This page will tell you everything you need to know about drink driving offences, the good the bad and the ugly. It is updated regularly and whenever the law changes, so you can be sure you're receiving the right information to make important decisions.
Drink Driving Video - What to expect
Our senior solicitor Conor Johnstone talks at length about drink driving cases, your options and potential defences. If you'd like free initial advice off Conor, please contact us on 01514228020.
Drink Driving - The Law
A drink driving offence is committed when a person drives a motor vehicle on a road or public place with a proportion of alcohol above the legal limit. It is found at Section 5(1)(a) RTA 1988. It does not matter if you did not intend to drive the vehicle whilst over the limit - although you may have a special reason if you were forced to drive.
Drink driving is a 'strict liability' offence. This means the CPS do not need to prove that you intentionally drove the vehicle whilst over the legal limit. In other offences, such as murder for example, the CPS must prove that a person intended to kill or cause serious harm. You might think that this makes it easier to prove a drink driving offence, but think again. Drink driving offences are littered with technicalities, loopholes and red tape. All of which make it much easier to defend a case like this.
Here are five things you should know about drink driving cases;
- Drink driving carries a mandatory driving ban. The minimum disqualification period is 12 months, but this will increase depending upon the alcohol level. In more serious cases, you can get community service or be sent to prison. You can use our drink driving ban calculator below to work out your sentence.
- The court have recently began using alcohol monitoring tags as part of a community penalty. These tags are locked to your ankle and measure alcohol levels throughout the day. If the tag detects alcohol, the court can send you to prison.
- Just because you were over the limit does not mean that you are guilty. Procedure plays an important part in a drink driving case and can help you avoid a conviction.
- Drink driving breath machines are not always accurate. Have you seen calibration records and maintenance logs? Use our drink driving printout feature to send us your breath results.
- There is generally no legal aid for drink driving offences. Specialist representation may not cost you as much as you think. You can find out more about solicitors costs by calling us today.
Here are some of the common questions we're asked by our clients;
Do you get a criminal record for drink driving?
Yes. Drink driving is a recordable offence. This means you receive a criminal record if you're convicted or you plead guilty to a DUI offence. A criminal record is with you for life but the conviction becomes spent after five years. This means it's not disclosable to employers, insurance companies or anyone who asks you. The Rehabilitation of Offenders Act 1974 allows certain convictions to become 'spent' after a specified period of time (the rehabilitation period). Rehabilitation periods for the most minor sentences, (e.g. cautions, disqualifications, fines) begin from the date of conviction. However, for convictions resulting in a community sentence or custodial sentence, the rehabilitation period (or ‘buffer’ period) will start from the end of the entire sentence.
You can read more about spent driving convictions here.
Do I have to go to court for drink driving?
Yes. You are normally bailed to attend court to enter a plea to the allegation. The court will require your attendance at court due the seriousness of the offence and because they will want to disqualify you if you plead guilty. The court won't risk disqualifying you in absence in case you're not informed. If you enter a not guilty plea, it is important that you are there to discuss the reasons why and to assist the court in preparing the case for trial. If the court date that you've been given is not convenient, you can ask the court to change it. You can do this by calling the court's administration office and speaking with a member of staff.
If you were given a 'postal requisition' (i.e. a postal charge) to attend court, a solicitor or barrister may be able to attend on your behalf.
Do you need a solicitor for drink driving?
We would always recommend taking a solicitor to court. Even if you want to plead guilty, a solicitor will understand the sentencing guidelines and can negotiate with the CPS to reduce the penalties. A solicitor will also be able to tell the court about any mitigating and personal circumstances that may help shorten the ban. Public speaking does not come naturally to most people. Solicitors are trained professionals and can secure the best outcome whatever the decision.
If you want to enter a not guilty plea, a solicitor is essential. First of all, a solicitor will be able to obtain the evidence against you and explain your options. A solicitor will also be able to identify any technical defences which you might overlook, such as unlawful arrests or PACE codes of practice. If you want to plead not guilty, the court will want to know the reasons why. These reasons are normally set out in a document called a 'Preparation for Effective Trial Form'. If this document is incorrectly completed, it may impact upon your defence and result in your conviction. A solicitor will know how best to complete this document in order to safeguard your position and give you the best chance of winning your case.
You can view a Preparation for Effective Trial Form here.
Can you avoid the driving ban?
There are two ways to avoid a drink driving ban;
- Win your case
- Run special reasons
In order to win your case you will need to plead not guilty at court. This is less scary than it sounds and can never 'backfire'. We are often asked whether the driving ban can increase following a not guilty plea. Indeed, this is perhaps one reason why most people 'roll over' and plead guilty (they don't want to make the situation any worse). You may be surprised to find that the driving ban cannot increase even if you're later found guilty. Only the punitive part of the sentence (the fine etc...) can increase. In most cases by no more than £100!
The other way to avoid a driving ban are special reasons. Special reasons should only ever be raised as a 'last resort' once you've checked the evidence. This is because you must plead guilty before raising special reasons. If the court accept your argument they can reduce the driving ban, or remove it completely. There are 3 or 4 common special reasons arguments raised in drink driving cases and we review these in the video below. If you'd like to discuss your case with a solicitor, free of charge, please call directly.
Special Reasons in Drink Driving Cases
In this video, Conor talks about special reasons arguments that might help you avoid a driving disqualification. From spiked drinks or acid reflux, there's plenty to discuss.
What will happen at my first court hearing?
Before you get to court there are a few things you should know. First of all, you can normally request some of the evidence before the first hearing. This bundle is known as the IDPC (initial details of the prosecutions case) and would normally contain a summary of the prosecution's case against you. The reason the CPS don't tell you this is because it increases the workload and gives you a head start (or an 'unfair advantage' as they might out it!). A solicitor would normally be able to request this evidence quicker.
Once you have the IDPC it needs to be considered very carefully. In our experience the police will always give the impression of an 'open shut' case. You're over the limit so you're guilty, right? Wrong. Make sure you review the procedural paperwork carefully and try to identify any discrepancies. Every little helps! Even small errors can damage the CPS's case beyond recovery. To find our more about technicalities, click here.
Your first court hearing will take place at the Magistrates' Court. You will be asked to enter a plea to the allegation (i.e. guilty or not guilty). Hopefully by this point you have worked out what to do. For those that plead guilty, expect a ban. You can use our drink driving ban calculator to work out the sentence. For those that plead not guilty, you can normally carry on driving until the case goes back to court. For many different reasons, cases are dropped in-between first hearings and trials. Often a result of missing evidence, uncooperative witnesses or administrations problems. If your case is dropped you will not need to go back to court and cannot be disqualified from driving.
Do I have to retake my test if I'm convicted of drink driving?
You will only have to retake your test if the court orders an 'extended retest'. Thankfully, the court will not order an extended retest unless you're also convicted of dangerous driving. A new driver will not be required to retake their test.
Drink driving hardship argument
We are often asked about hardship in drink driving cases. Will the court go easy on you because you brought a character reference to court, or because you can't work without your licence? We're afraid not. Hardship arguments cannot be advanced in drink driving cases. If you're convicted, the court will sentence inline with the sentencing guidelines, regardless of your personal circumstances.
