You can get a drink driving offence in the UK if you are caught driving over the limit or are drunk in charge of a vehicle. You cannot be convicted for a drink driving offence unless it has been proven that you are over the legal limit. A police officer will usually test your breath at the scene, or may ask for a urine or blood test at the police station.

For a first drink driving offence, the judge is usually more lenient. It will be massively beneficial to get a drink driving solicitor to plead your case. 

What is the legal limit?

According to the Metropolitan Police Department, the drink driving limit is 35 micrograms of alcohol per 100 millilitres of breath or 80 milligrams of alcohol per 100 millilitres of blood. However, there is no way you can tell how much is safe to drink, as it depends on age, metabolism, weight, how much food you have eaten, and other contributing factors. 

You might still be over the limit the day after drinking and could still lose your license, even if you did not drink alcohol on the day you were pulled over. 

What happens if I drive over the influence?

When you drive over the influence and are pulled over, you will be asked to use a breathalyser. If the police offer finds that you are over the legal limit, they will take you to the police station. You will then be asked to take a urine or a blood test.

You cannot be convicted for a drink driving offence unless you have had an official test. Roadside testing is only used to confirm suspicions. For your first drink driving offence, you could face up to six months in prison, in some severe or serious cases where you may have endangered other people.

Other punishments for a first drink driving offence include community service, a fine, or a driving ban. This will depend on whether you have previous convictions relating to driving and how far over the limit you were. The higher the units of alcohol in your blood or urine, the more likely you are to get a driving ban. It helps to have a drink driving solicitor on your case, as they may be able to reduce your punishment.

Can I refuse to provide a specimen?

You have the right to refuse to give a specimen, if there are reasonable grounds to do so. But if they are not reasonable you can be charged with an offence of failing to provide a specimen of breath, urine, or blood by the police, you could get up to six months in prison, community service, a fine, and/or a driving ban. Lack of cooperation with the police could show the court that you are guilty. As they cannot determine how over the limit you were, there is a greater chance of more severe punishment. 

What happens if I am found to be drunk in charge of a vehicle?

You can still get charged , even if you are not driving at the time. If a police officer catches you in and around the vehicle whilst you are over the limit, this could be an offence.  

What else could happen if I get a drink driving offence?

Other than the punishments already mentioned, a drink driving offence could cause your car insurance premiums to go up. This could be costly, especially if you get a driving ban. Once you can drive again, insurance prices usually stay high for a minimum of five years

A DR10, which is a drink driving code, will stay on your driving license for 11 years after the conviction. You can find more about penalty points and endorsement codes on the government website. This could make it harder to find a job in the future or could cause you to lose your job, especially if it involves driving cars or machinery.

How do I plead my case?

Your punishment will depend on many factors, such as how over the limit you were, whether anybody got hurt, how remorseful you are, and how cooperative you are with the police. A solicitor will help you to plead your case and you are more likely to get off with a warning for your first offence. This is because the courts understand how losing your licence and having a criminal record can affect your life.

If you have been accused of drink driving, speak to our team today by calling us on 0345 872 6666, or by filling in our online enquiry form to request a call back.