How to Stop a Friend From Driving Drunk

Drunk driving is one of the most dangerous decisions a person can make as it puts the driver, their passengers, and other road users at serious risk of injury, or even death. Every year, lives are tragically lost due to drink-driving accidents, and countless others face life-altering injuries and legal repercussions.

If you know someone who may be tempted to drive under the influence, you have a responsibility to intervene. Doing so could save lives, protect their future, and prevent devastating consequences for everyone involved.

In this blog post, the motoring offence experts at JMW Solicitors outline the practical steps you can take to stop a friend from driving drunk and what to expect from the legal processes involved.

Understanding the Risks of Drunk Driving

A single reckless decision can result in catastrophic accidents, irreparable loss of life, and trauma for victims and families. As such, driving under the influence is a criminal offence in the UK, and the penalties reflect its seriousness. Here is what you need to know:

• Drink driving limits: the legal alcohol limit in England, Wales, and Northern Ireland is 35 micrograms of alcohol per 100 millilitres of breath, or 80 milligrams per 100 millilitres of blood. In Scotland, the limits are lower, at 22 micrograms per 100 millilitres of breath or 50 milligrams per 100 millilitres of blood.
• Penalties for offenders:
• A driving ban of at least 12 months.
• Unlimited fine.
• Up to six months in prison for serious cases.
• A criminal record, which can impact employment and travel opportunities.
• Repeat offenders: those caught multiple times or with exceptionally high alcohol levels face harsher penalties, including longer bans and mandatory rehabilitation courses.

How to Prevent a Friend From Driving Drunk

The first step in preventing a friend from driving drunk is recognising when they are unfit to drive. Signs that someone should not get behind the wheel include:

• Slurred speech
• Impaired coordination or difficulty walking
• Overconfidence and a lack of awareness of their intoxication
• Insisting they are “fine to drive” despite obvious signs of impairment

If you observe these behaviours, act quickly and responsibly. Stopping a friend from driving drunk can feel uncomfortable, but it is a necessary step to ensure everyone’s safety. Here are some things to consider:

• Offer an alternative: suggest calling a taxi, using a ride-share app, or offering them a lift yourself if you are sober. Public transport can also be an option if it is available.
• Take their keys: politely but firmly take their car keys. Explain that you are doing this to keep them safe, as well as to protect others on the road.
• Suggest staying over: if they are at your home or someone else’s, encourage them to sleep over until they are sober enough to drive.
• Involve others: if you are in a group, ask others to help persuade the person. Often, the collective voice of friends can be more effective.
• Stay calm and respectful: avoid confrontational language. Instead, express your concern for their well-being and emphasise the risks involved in drunk driving.

When to Call the Authorities

In rare situations, your friend may refuse to listen and attempt to drive anyway. If this happens and there is a clear and immediate risk to their safety or the safety of others, you may need to contact the police. While this can be a difficult decision, it is a last resort to prevent potential harm.

By taking these steps, you are protecting your friend and fulfilling a moral duty to everyone on the road.

The Legal Process for Drunk Driving in the UK

If someone is stopped on suspicion of drunk driving, they may be subjected to a roadside breathalyser test. If the test shows alcohol above the legal limit, the police will arrest the driver and take them to the police station for further testing. Refusing to take the test is an offence in itself and can result in penalties equivalent to those for drink driving.

At the station, a more accurate breath, blood, or urine test will be mandated. The individual will then be interviewed, and their behaviour may be recorded as evidence.

If the evidence confirms they were over the limit, they will be formally charged. The police will issue a summons for a court date.

The minimum penalties for drunk driving include a minimum 12-month driving ban, a fine that can range into the thousands of pounds, and up to six months in prison for more severe cases. High alcohol levels, causing an accident, or endangering others can lead to harsher penalties.

The court may offer a drink-driving rehabilitation course. Completing this can reduce a driving ban by up to 25%.

Supporting Someone Facing a Drunk Driving Charge

Being charged with drunk driving can be an overwhelming experience. If someone you care about is facing these charges, your support can make a big difference. Avoid lecturing or expressing anger. Instead, focus on offering constructive help while encouraging them to take responsibility for their actions.

A driving ban can disrupt their ability to work, attend appointments, or manage family commitments. Offer assistance with transport or help them find alternative travel solutions, such as carpooling or public transport.

While support is important, so is acknowledging the seriousness of the offence. Help them reflect on the risks and consequences, ensuring they learn from the experience.

Seeking Legal Advice

The legal process of a drunk driving charge is complex, and the stakes are high. Encouraging your friend or loved one to seek professional legal help is one of the most effective ways to support them.

A solicitor specialising in motoring offences can evaluate the case, explore potential defences, and work towards mitigating penalties. An experienced solicitor may identify procedural errors, such as improper breathalyser use, that could lead to reduced charges or even dismissal.

At JMW, our motoring offences team has extensive experience in defending clients facing drink driving charges. We provide clear, straightforward advice and work tirelessly to secure the best possible outcome for our clients.

By supporting someone emotionally and practically and connecting them with expert legal help, you can help them face the challenges ahead with confidence and a plan for moving forward.