Drink driving offences can take approximately six months to get to court and resolve, with the potential of taking longer if the circumstances are severe or more complex than usual. If you are being prosecuted for a drink driving offence and you are just at the start of the process, or you are waiting for things to progress, you may find yourself asking how long the process is likely to take. During this time, you will be unable to drive and it may be affecting your ability to work, help those who rely on you and your social life.

To help you understand what is happening, the expert motoring offence solicitors at JMW outline the process that the police and court undertake to prepare for and resolve a motoring offence.

What is the Process of a Drink Driving Offence?

A drink driving offence is a complex legal issue that requires the attention of a number of parties on different sides of the case. These can include the Magistrates Court, Judge (or, dependent on the severity of the case, before a jury), witnesses to the offence, the representatives from the police, solicitors representing each opposing party, and the offender. Time will be spent gathering the necessary individuals and arranging the court date, which must consider each party's availability and the necessity to resolve the issue. This requires planning and organisation to ensure that each party is considered fairly, which is not something that should be rushed.

In addition, drink driving cases are different to other motoring offences as they rely on a sample being taken and analysed, following the correct procedure. Issues can arise if this is done incorrectly or the results are not conclusive, and in this instance experts must take part in the analysis of the sample, which can itself take time.

Therefore, the following process must be conducted properly and understanding your situation may help you to navigate it:

Investigating the offence and obtaining a sample

For a motoring offence to be taken to court, the police must have reasonable suspicion to pull you over and then find an offence worthy of prosecution. This is done by acquiring evidence.

When you are confronted by the police for a potential drink driving offence, you can expect to take a breath test. In cases where the police are unsure whether you are over the limit, they may ask you questions about where you have been and what your plans are, and they may request that you return to the police station with them to conduct a urine or blood test for more accurate results. If you refuse to take the breath test, you will be charged with a separate offence of failing to provide a specimen.

You should be wary about refusing a test as doing so can lead to more severe penalties if you are found to be guilty.

If you are found to be above the legal alcohol limit when your test is taken, you will be arrested, and your results will be used as evidence in your prosecution.

Additionally, any other circumstances surrounding your offence will be considered during your arrest and when deciding what type of offence you are prosecuted for. Drink driving is often linked to other offences, such as:

• Careless driving
• Dangerous driving
• Speeding
• Drug driving

If you are found to have committed any additional offences, your penalty will be more severe. The police will take this time to assess what has happened and will handle the situation in the necessary way. For example, the police may take you to the station without taking an initial test, to then conduct a later one, if they have reason to believe that you have committed an offence with more obvious evidence against you, such as dangerous driving.

The First Court Hearing

Also known as the plea hearing, the first court hearing you are required to attend may not be arranged for a number of weeks after your initial confrontation with the police. 

At the first hearing, you will be expected to provide the court with an answer as to whether you are guilty or not guilty of your offence. Leading up to this hearing, you will have time to consult your solicitor on the best course of action.

Depending on your situation, the best option will vary. If you have evidence to suggest that you were not drink driving, or your solicitor is confident that they will be able to fight the police's evidence, pleading not guilty may be the best option, giving you the chance to avoid any penalties.

However, pleading guilty can have several benefits. Firstly, there is a big risk to fighting a case unsuccessfully, as doing so could lead you to incur stronger penalties. A guilty plea can result in the court reducing your sentence and will reduce the overall time the process takes. For instances where your penalties are not that severe, or where your solicitor believes a guilty plea will reduce them significantly, this may be the best option. Although, you should also consider that these penalties can have an impact on your life, which may not be ideal for your situation.

You should work with your solicitor to assess the best direction to take to ensure that you do not make any costly mistakes.

The Management Period

After your plea hearing, regardless of whether you plead guilty or not, a management process must be undertaken to work out the details of your penalties and the court process. If you plead guilty, this process will take less time. However, if you plead not guilty, the court and police will use this time to conduct the following:

• Arrange the evidence that will be provided
• Organise and contact the witnesses
• Arrange for any expert witnesses, such as medical professionals
• Decide on how long each party will need to construct their defence

Your solicitor will work with you to determine the amount of time you will need to gather all of your evidence and consider your approach. Your solicitor will then fight to ensure you are granted sufficient time to prepare your case.

This process does not involve making any arguments to the court, and all evidence supporting the defence will be kept confidential until it is presented at your trial.

Once the above points have been satisfied, the involved parties will communicate with the court to arrange for a trial date. If the case is more complex and involves other offences in addition to your drink driving charge, a further case management hearing may be arranged to ensure that the preparations are being conducted.

Organising the Evidence

Once the trial date has been set, both parties will work to gather their evidence and form their arguments. Your solicitor will work with you to acquire witness statements, advice from experts and physical evidence such as photographs and video footage, to ensure that your defence is as strong as possible.

In motoring offence cases, your solicitor will also be able to access the evidence that the police hold to ensure that you have strong counters to their argument.

A common tactic that our motoring offence solicitors use to defend those charged with drink driving is to assess the process that the police used to gather the alcohol limit reading. The police must conduct any tests within specific legal guidelines. If they fail to do this, or if the equipment was faulty, our solicitors will use this as a strong defence as to why you are innocent.

The Trial

When the trial date comes around, you will be expected to attend court - if you do not, you may face severe legal repercussions as the court will assume that you are guilty and are trying to avoid the process.

The trial can take a long time to organise as it depends on the court making sure every necessary party is present. For more complex cases where a decision is not made initially and where there is lots of evidence to present, you may be expected to attend multiple hearings.

During the trial, your solicitor will represent you and will present your arguments, but you will still be expected to attend.

The police must also conduct themselves correctly during the trial process. By law, they are required to separate out the evidence that they are planning to use for the case from that which they are not, and to make this clear to the involved parties. A list of this evidence must be sent to the defending party within specified time limits of the police planning to present the evidence, allowing your solicitor the time to assess the possible counterarguments and your chances of success before committing to any strategy. 

As drink driving trials can take a long time to resolve - several months in complex cases - you may find that the arguments and evidence change in relevance as the involved parties fight it out. Due to this, your solicitor will prepare you for any difficulties you may face by keeping you updated through transparent communications about the progress of the case and your chances of success.

What is the Process of a Drink Driving Offence?

A drink driving offence is a complex legal issue that requires the attention of a number of parties on different sides of the case. These can include the Magistrates Court, Judge (or, dependent on the severity of the case, before a jury), witnesses to the offence, the representatives from the police, solicitors representing each opposing party, and the offender. Time will be spent gathering the necessary individuals and arranging the court date, which must consider each party's availability and the necessity to resolve the issue. This requires planning and organisation to ensure that each party is considered fairly, which is not something that should be rushed.

In addition, drink driving cases are different to other motoring offences as they rely on a sample being taken and analysed, following the correct procedure. Issues can arise if this is done incorrectly or the results are not conclusive, and in this instance experts must take part in the analysis of the sample, which can itself take time.

Therefore, the following process must be conducted properly and understanding your situation may help you to navigate it:

Investigating the offence and obtaining a sample

For a motoring offence to be taken to court, the police must have reasonable suspicion to pull you over and then find an offence worthy of prosecution. This is done by acquiring evidence.

When you are confronted by the police for a potential drink driving offence, you can expect to take a breath test. In cases where the police are unsure whether you are over the limit, they may ask you questions about where you have been and what your plans are, and they may request that you return to the police station with them to conduct a urine or blood test for more accurate results. If you refuse to take the breath test, you will be charged with a separate offence of failing to provide a specimen.

You should be wary about refusing a test as doing so can lead to more severe penalties if you are found to be guilty.

If you are found to be above the legal alcohol limit when your test is taken, you will be arrested, and your results will be used as evidence in your prosecution.

Additionally, any other circumstances surrounding your offence will be considered during your arrest and when deciding what type of offence you are prosecuted for. Drink driving is often linked to other offences, such as:

• Careless driving
• Dangerous driving
• Speeding
• Drug driving

If you are found to have committed any additional offences, your penalty will be more severe. The police will take this time to assess what has happened and will handle the situation in the necessary way. For example, the police may take you to the station without taking an initial test, to then conduct a later one, if they have reason to believe that you have committed an offence with more obvious evidence against you, such as dangerous driving.

The First Court Hearing

Also known as the plea hearing, the first court hearing you are required to attend may not be arranged for a number of weeks after your initial confrontation with the police. 

At the first hearing, you will be expected to provide the court with an answer as to whether you are guilty or not guilty of your offence. Leading up to this hearing, you will have time to consult your solicitor on the best course of action.

Depending on your situation, the best option will vary. If you have evidence to suggest that you were not drink driving, or your solicitor is confident that they will be able to fight the police's evidence, pleading not guilty may be the best option, giving you the chance to avoid any penalties.

However, pleading guilty can have several benefits. Firstly, there is a big risk to fighting a case unsuccessfully, as doing so could lead you to incur stronger penalties. A guilty plea can result in the court reducing your sentence and will reduce the overall time the process takes. For instances where your penalties are not that severe, or where your solicitor believes a guilty plea will reduce them significantly, this may be the best option. Although, you should also consider that these penalties can have an impact on your life, which may not be ideal for your situation.

You should work with your solicitor to assess the best direction to take to ensure that you do not make any costly mistakes.

The Management Period

After your plea hearing, regardless of whether you plead guilty or not, a management process must be undertaken to work out the details of your penalties and the court process. If you plead guilty, this process will take less time. However, if you plead not guilty, the court and police will use this time to conduct the following:

• Arrange the evidence that will be provided
• Organise and contact the witnesses
• Arrange for any expert witnesses, such as medical professionals
• Decide on how long each party will need to construct their defence

Your solicitor will work with you to determine the amount of time you will need to gather all of your evidence and consider your approach. Your solicitor will then fight to ensure you are granted sufficient time to prepare your case.

This process does not involve making any arguments to the court, and all evidence supporting the defence will be kept confidential until it is presented at your trial.

Once the above points have been satisfied, the involved parties will communicate with the court to arrange for a trial date. If the case is more complex and involves other offences in addition to your drink driving charge, a further case management hearing may be arranged to ensure that the preparations are being conducted.

Organising the Evidence

Once the trial date has been set, both parties will work to gather their evidence and form their arguments. Your solicitor will work with you to acquire witness statements, advice from experts and physical evidence such as photographs and video footage, to ensure that your defence is as strong as possible.

In motoring offence cases, your solicitor will also be able to access the evidence that the police hold to ensure that you have strong counters to their argument.

A common tactic that our motoring offence solicitors use to defend those charged with drink driving is to assess the process that the police used to gather the alcohol limit reading. The police must conduct any tests within specific legal guidelines. If they fail to do this, or if the equipment was faulty, our solicitors will use this as a strong defence as to why you are innocent.

The Trial

When the trial date comes around, you will be expected to attend court - if you do not, you may face severe legal repercussions as the court will assume that you are guilty and are trying to avoid the process.

The trial can take a long time to organise as it depends on the court making sure every necessary party is present. For more complex cases where a decision is not made initially and where there is lots of evidence to present, you may be expected to attend multiple hearings.

During the trial, your solicitor will represent you and will present your arguments, but you will still be expected to attend.

The police must also conduct themselves correctly during the trial process. By law, they are required to separate out the evidence that they are planning to use for the case from that which they are not, and to make this clear to the involved parties. A list of this evidence must be sent to the defending party within specified time limits of the police planning to present the evidence, allowing your solicitor the time to assess the possible counterarguments and your chances of success before committing to any strategy. 

As drink driving trials can take a long time to resolve - several months in complex cases - you may find that the arguments and evidence change in relevance as the involved parties fight it out. Due to this, your solicitor will prepare you for any difficulties you may face by keeping you updated through transparent communications about the progress of the case and your chances of success.

Why Do Drink Driving Offences Take So Long?

Motoring offences are a complex area of law and each case is often unique and must be approached with attention to detail in order to give each party a fair chance to prepare and present their argument.

While there are obvious drawbacks of this, often unspecified, long period of time, there are also benefits; a longer case means more time to gather evidence and prepare arguments. As you and your solicitor will have access to the evidence that the police hold, this only benefits your chances of success. By working with experienced and professional solicitors, such as those at JMW, you can be confident that you are supported by legal experts who will keep your best interests at heart.