John Ruane
Expert Motoring Offences Solicitor
Written by John Ruane | Director & Founder | Expert Motoring Offences Solicitor
What Happens After You Are Arrested for Drink Driving?
Being arrested for drink driving can be a stressful and uncertain experience. You may be worried about what happens next, whether you will lose your driving licence and what impact a conviction could have on your career, finances and personal life.
If you have been arrested for a drink-driving offence, understanding what happens from the point of arrest through to a potential court hearing can help you make informed decisions about your case.
This article explains what happens after a drink-driving arrest in England and Wales, including the evidential testing process, your rights at the police station, what happens if you are charged, and how the Magistrates’ Court may deal with the case.
What Is the Drink-Drive Limit in England and Wales?
The legal alcohol limits for drivers in England and Wales are:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
However, there is no reliable way to calculate how many drinks you can have and remain below the legal limit. The way alcohol affects a person varies depending on factors including their metabolism, weight, age, what they have eaten, and the amount and type of alcohol consumed.
The safest approach is not to drink at all if you intend to drive.
The police can require a driver to provide a preliminary breath test in certain circumstances. This can include where an officer reasonably suspects that:
- you have been driving,
- attempting to drive or been in charge of a vehicle while having alcohol in your body,
- where you have committed certain traffic offences, or
- where you have been involved in a road traffic accident.
The roadside breath test is a preliminary test. It is not necessarily the same test that will ultimately be relied upon as evidence in court.
If you fail the preliminary breath test, you may be arrested and taken to a police station for further testing.
Refusing to provide a required preliminary specimen without a reasonable excuse can also have legal consequences.
What Happens When You Are Arrested for Drink Driving?
If you are arrested, you will usually be taken to a police station and booked into custody.
A custody officer will deal with your arrival and explain your rights and entitlements. You may be searched, and your possessions may be retained while you are in custody.
You should also be informed of your right to free independent legal advice.
You Have a Right to Legal Advice
If you are arrested and detained at a police station, you have the right to free legal advice. You can ask for the duty solicitor or, where appropriate, ask for your own solicitor.
Legal advice at the police station can be particularly important where you are being questioned about the circumstances of the alleged offence or where there are issues concerning the testing procedure or the evidence against you.
You should not assume that asking for legal advice makes you look guilty. It is a legal right and a solicitor’s role is to protect your interests and advise you about the process.
What Happens at the Police Station?
As part of the investigation, the police may require you to provide an evidential specimen of:
- breath,
- blood or
- urine.
The evidential procedure is different from the preliminary breath test carried out at the roadside.
The precise procedure will depend on the circumstances of the case and the type of specimen required.
The police must comply with the statutory requirements governing the taking and use of specimens. If there are concerns about whether the correct procedure was followed, this should be considered as part of your legal advice.
What Is an Evidential Breath Test?
An evidential breath test is carried out using an approved evidential breath-testing device. Unlike the preliminary roadside test, the evidential test is intended to provide evidence that may be relied upon in criminal proceedings.
In some circumstances, a blood or urine specimen may be required instead.
The result of the evidential test can have a significant impact on what happens next, including whether you are charged and the potential sentence if you are subsequently convicted.
The next step depends on the circumstances of your case and the evidence available to the police.
If the evidential result indicates that an offence has been committed, the police may charge you with a drink-driving offence. You may then be released to attend court at a later date, although the precise arrangements will depend on the circumstances.
If the matter proceeds to prosecution, it will normally be dealt with initially in the Magistrates’ Court.
What Happens When You Are Charged With Drink Driving?
If you are charged with a drink-driving offence, your case will ultimately come before the Magistrates’ Court.
The first hearing will usually be the stage at which you enter a guilty or not guilty plea.
Before entering a plea, it is important to understand the evidence against you, the legal issues arising in your case and the potential consequences of the different options available to you.
What Should You Do Before Attending Court?
If you are attending court in relation to a drink-driving allegation, you should:
- Dress smartly and appropriately.
- Arrive at least 30 minutes before the scheduled hearing.
- Make sure you understand whether you are permitted to drive to court.
- Obtain legal advice if you are unsure how you should plead or what sentence you may face.
If you are facing a potential driving disqualification, you should not assume that you can simply drive home after the hearing.
– What Happens If You Plead Guilty?
If you plead guilty to driving or attempting to drive with alcohol above the prescribed limit, the court must impose a driving disqualification of at least 12 months, subject to circumstances such as relevant previous convictions.
The court may also impose a fine. Depending on the circumstances and seriousness of the offence, a community order or custodial sentence may also be possible.
The sentence will depend on the circumstances of the individual case, including the alcohol reading and relevant aggravating and mitigating factors.
How Does the Court Decide the Sentence?
The Sentencing Council’s guidelines provide a framework for sentencing drink-driving offences.
For offences involving driving or attempting to drive with excess alcohol, the level of alcohol recorded is an important factor.
The guideline bands include:
| Breath | Blood | Urine | Guideline disqualification |
| 36–59 µg | 81–137 mg | 108–183 mg | 12–16 months |
| 60–89 µg | 138–206 mg | 184–274 mg | 17–22 months |
| 90–119 µg | 207–275 mg | 275–366 mg | 23–28 months |
| 120–150 µg | 276–345 mg | 367–459 mg | 29–36 months |
These figures should not be treated as an automatic sentence. The court will also consider the circumstances of the offence and any relevant aggravating or mitigating factors.
Aggravating Factors
Factors that may increase the seriousness of the offence can include:
- Previous relevant convictions
- An accident or injury
- Passengers in the vehicle
- A poor standard of driving
- A high level of traffic or pedestrian presence
Mitigating Factors
Depending on the circumstances, the court may also take account of factors such as:
- No previous convictions or no relevant/recent convictions
- Remorse
- Positive character and/or exemplary conduct
- A serious medical condition requiring urgent, intensive or long-term treatment
- Age and/or lack of maturity, which may be relevant to offenders aged 18–25
- Mental disorder or learning disability
- Being the sole or primary carer for dependent relatives
- Pregnancy, childbirth and post-natal care
- Difficult or deprived personal circumstances
- Prospects of, or engagement in, work, training or education
Other circumstances may also be relevant depending on the individual case.
– What Happens If You Plead Not Guilty?
If you plead not guilty to a drink-driving charge, the case will usually be adjourned for further case management and/or a trial in the Magistrates’ Court.
The prosecution must prove the offence against you.
A not guilty plea does not, by itself, mean that you are disqualified from driving while the case is ongoing.
The issues that arise will depend on the particular circumstances of the case and may include questions about the evidence, the testing procedure, the identity of the driver, the circumstances of the alleged offence or whether the prosecution can prove the required elements of the offence.
Specialist legal advice should be obtained before entering a plea where there may be a potential defence or evidential issue.
Can a Drink-Drive Rehabilitation Course Reduce Your Ban?
The court may offer a person who is convicted of a drink-driving offence the opportunity to complete a Drink Drive Rehabilitation Scheme (DDRS) course where the driving disqualification is for at least 12 months.
If the course is offered and successfully completed within the required period, the driving ban will usually be reduced by one quarter.
The decision to offer the course is a matter for the court.
What If You Have Previous Drink-Driving Convictions?
Previous convictions can have a significant impact on sentencing.
If you are convicted of a drink-driving offence twice within a 10-year period, the minimum period of disqualification for driving or attempting to drive over the prescribed limit is generally three years.
Previous disqualifications and other relevant convictions may also affect the sentence imposed.
What Is a High-Risk Offender?
Some people convicted of drink-driving offences fall within the high-risk offender provisions. This can include people who:
- have been convicted of two drink-driving offences within 10 years;
- have an alcohol reading at or above the prescribed high-risk threshold; or
- have refused to provide certain specimens.
High-risk offenders may be required to undergo a medical examination before they can regain their driving licence.
The requirements can be complex, so legal and medical advice may be appropriate depending on the circumstances.
What Impact Can a Drink-Driving Conviction Have?
The consequences of a drink-driving conviction can extend beyond the driving ban.
For example, a conviction may affect:
- Employment and professional responsibilities
- Motor insurance premiums
- Your ability to travel
- Your ability to drive for work
- Family and caring responsibilities
- Your finances
- Your criminal record
The consequences can be particularly significant for people whose employment depends on their ability to drive or who work in regulated professions.
What Should You Consider Before Entering a Plea?
The decision whether to plead guilty or not guilty is an important one and should be based on the circumstances of your individual case.
Factors that may need to be considered include:
- The evidence: What evidence does the prosecution have and are there any issues with it?
- The alcohol reading: What was the evidential reading and what sentencing bracket does it fall within?
- Previous convictions: Do you have any previous relevant convictions or disqualifications?
- Potential legal arguments: Are there any issues concerning the circumstances of the offence or the testing procedure?
- Professional consequences: Could a conviction affect your employment or professional position?
- Practical consequences: How would losing your driving licence affect your work, family or personal circumstances?
A decision about how to plead should be made after considering the specific facts and evidence in your case.
When Should You Speak to a Drink-Driving Solicitor?
You should consider obtaining specialist legal advice as soon as possible after being arrested or charged.
This can be particularly important if:
- your alcohol reading is high;
- you have previous drink-driving convictions;
- you have been accused of failing to provide a specimen;
- there was an accident or injury;
- you believe there may be an issue with the evidence or testing procedure;
- your employment depends on your driving licence;
- you work in a regulated profession; or
- you are unsure whether you should plead guilty or not guilty.
Early advice can help you understand the evidence, the potential consequences and the options available to you.
How JHR Solicitors Can Help
At JHR Solicitors, our experienced criminal defence solicitors understand the potentially serious consequences of a drink-driving allegation.
We can advise you on the circumstances of your case, explain the evidence and potential penalties, and represent you where appropriate.
Whether you are considering a guilty or not guilty plea, obtaining specialist advice before making an important decision can help ensure that you understand your legal position and the potential consequences.
Speak to JHR Solicitors
If you have been arrested or charged with drink driving and need advice, contact JHR Solicitors on 0161 478 7121 to discuss your circumstances with a member of our team.
Specialist advice should be obtained as early as possible, particularly where your driving licence or employment is at risk.
This article provides general information about drink-driving law in England and Wales and is not a substitute for legal advice on an individual case.
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