Drink driving, or driving under the influence of alcohol, is a serious offence in the UK and carries significant penalties, including a prison sentence. Whether it's your first offence or a repeat one, the legal consequences can be life-changing. In this comprehensive guide, we’ll cover everything you need to know about drink driving convictions, the penalties involved, and what happens if you're caught. This article aims to provide a thorough understanding of UK laws surrounding drink driving and how it affects your life.

Table of Contents

  1. What is Drink Driving?
  2. How Much Can You Drink and Drive in the UK?
  3. What Happens if You Get Caught Drinking and Driving?
    1. Here’s what happens next:
  4. Penalties for Drink Driving in the UK
    1. 1. Fine
    2. 2. Driving Ban
    3. 3. Imprisonment
    4. 4. Criminal Record
    5. 5. Community Order
    6. 6. Suspended Sentence
  5. Key points of a suspended sentence include:
  6. What is the Penalty for Drink Driving?
  7. Drink Driving Sentences: Factors the Court Considers
  8. How Long Does a Drink Driving Conviction Stay on Your Record?
  9. Can You Leave the Country When on Bail?
  10. Drink Driving and Employment
  11. Defending a Drink Driving Charge
    1. 1. Procedural Errors
    2. 2. Faulty Equipment
    3. 3. Emergency Circumstances
    4. Drink Driving and Immigration Status
      1. Will a drink driving conviction affect my immigration status, including applications for a spouse visa, Indefinite leave to remain (ILR), Skill worker, Naturalisation, Citizenship & extensions?
      2.  1. Spouse Visa or Skilled Worker Visa:
      3.  2. Indefinite Leave to Remain (ILR):
      4.  3. Naturalisation and Citizenship:
      5.  4. Extensions and General Visa Applications:
    5. Factors to Consider:
    6.  Conclusion:
  12. About the author
    1. Moeen Khan
    2. How Can Moeen & Co. Solicitors Help?
  13. Frequently Asked Questions (FAQs)
    1. 1. Do you get a criminal record for drink driving in the UK?
    2. 2. How much can you drink and drive in the UK?
    3. 3. Can you leave the country while on bail for drink driving?
    4. 4. What is the penalty for drink driving in the UK?
    5. 5. How long does a drink driving conviction stay on your record?
    6. 6. Can drink driving affect my job?
    7. 7. What happens if you are caught drink driving?
    8. 8. Can I defend myself against a drink driving charge?
    9. 9. How long can police detain you for drink driving?
    10. 10. Is a drink driving conviction permanent?


What is Drink Driving?

Drink driving refers to the act of operating a vehicle while your blood alcohol concentration (BAC) exceeds the legal limit. In the UK, the limit is:

  • 35 micrograms of alcohol per 100 milliliters of breath

  • 80 milligrams of alcohol per 100 milliliters of blood

  • 107 milligrams of alcohol per 100 milliliters of urine

How Much Can You Drink and Drive in the UK?

There is no definitive answer to how much you can drink before driving because alcohol affects everyone differently. Factors such as body weight, age, gender, metabolism, and whether you've eaten can all influence your BAC. To stay on the safe side, the best approach is to avoid drinking any alcohol if you're planning to drive.

The UK operates a zero-tolerance policy when it comes to drink driving. Even if you’re slightly over the limit, you can face serious penalties.


What Happens if You Get Caught Drinking and Driving?

If you're caught drink driving in the UK, the police will typically ask you to take a breathalyser test at the roadside. If you fail this test (i.e., your BAC is over the legal limit), you will be arrested and taken to a police station for a more accurate test, often a blood or urine test.

Here’s what happens next:

  1. Arrest: If you're over the legal limit, you'll be arrested and taken to the police station for further testing.

  2. Formal Charge: After confirmation that you're over the limit, you'll be formally charged with a drink driving offence.

  3. Court Appearance: You'll be summoned to court, where you'll face charges of drink driving.

  4. License Suspension: Your driving license is typically immediately suspended pending the court's decision.

  5. Possible Imprisonment: If convicted, you may face a prison sentence, especially for repeat offences or if someone was harmed as a result of your actions.


Penalties for Drink Driving in the UK

Drink driving carries severe penalties in the UK, and the punishment depends on the severity of the Offence and whether you are a repeat offender.

1. Fine

The fine for drink driving can be substantial and often depends on your income. The maximum fine for drink driving is unlimited in the UK.

2. Driving Ban

A driving ban is a standard penalty for anyone convicted of drink driving. The length of the ban varies based on the circumstances, but it typically starts from:

  • 12 months (Starting point for a reading towards lower end)

  • 3 years (for a second offence within 10 years)

3. Imprisonment

For serious offences or repeat offenders, a drink driving conviction can result in up to 6 months of imprisonment.

4. Criminal Record

A drink driving conviction will result in a criminal record, which can have long-lasting impacts on your personal and professional life. You may face difficulties finding employment, especially in professions that require driving or a clean criminal record.

5. Community Order

Instead of imprisonment, you may be ordered to complete a certain number of hours of community service as part of your sentence.

6. Suspended Sentence

In the UK, a suspended sentence is a type of custodial sentence handed down by a court but not immediately enforced. Instead, the individual is given the opportunity to stay out of prison, provided they meet specific conditions and avoid reoffending within a set period (between 6 months and 2 years for adult offenders).

Key points of a suspended sentence include:

1. Conditions: The court may impose requirements, such as attending rehabilitation programs, doing unpaid work, or adhering to curfews. Failure to meet these conditions may activate the sentence.

2. Breach of Conditions: If the person breaks the terms of the suspended sentence (e.g., committing another offense), they could be sent to prison to serve the original sentence in full, alongside any new penalties.

3. Duration: Suspended sentences are typically used for sentences under two years. Longer sentences generally do not qualify for suspension, although judges have discretion based on the circumstances.

4. Purpose: Suspended sentences serve as a deterrent, allowing offenders to remain in the community and rehabilitate while facing the threat of imprisonment if they fail to comply.

Suspended sentences are often seen as a middle ground between non-custodial sentences (like community orders) and immediate imprisonment, focusing on rehabilitation and reducing prison overcrowding while holding offenders accountable.


What is the Penalty for Drink Driving?

The penalties for drink driving in the UK can be severe, particularly for repeat offenders or cases where your actions cause harm. Here are the main punishments you might face:

  • Fine: Unlimited.

  • Driving Ban: From 12 months up to 3 years or more for serious Offences.

  • Community order: you may be ordered to complete a certain number of hours of community service as part of your sentence. You may be required to attend training and courses.  

  • Imprisonment: Up to 6 months for the most severe cases.

  • Suspended Sentence:  It is a middle ground between non-custodial sentences (like community orders) and immediate imprisonment

  • Criminal Record: A permanent mark that can affect job prospects and travel restrictions.


Drink Driving Sentences: Factors the Court Considers

When deciding the sentence for drink driving, the court will consider a number of factors. These include:

  • Blood Alcohol Level: The higher your BAC, the more severe your sentence is likely to be.

  • Previous Offences: If you have prior convictions for drink driving or other traffic Offences, you’re more likely to face harsher penalties.

  • Injury or Damage: If someone was injured or killed, or if a property was damaged as a result of your drink driving, expect more severe consequences.

  • Cooperation with Authorities: If you cooperate fully with the police, it could potentially mitigate your sentence.


How Long Does a Drink Driving Conviction Stay on Your Record?

In the UK, a drink driving conviction will stay on your record for 11 years from the date of conviction. This means it will show up on background checks, which can have serious implications for your career and ability to travel, particularly to countries like the United States and Australia, where a criminal record can prevent entry.


Can You Leave the Country When on Bail?

If you're released on bail after being caught drink driving, you may be restricted from leaving the country. The terms of your bail will be set by the court, and in some cases, you may be required to surrender your passport. If you're allowed to travel, make sure to clarify the bail conditions with your solicitor before making any plans.


Drink Driving and Employment

Will a drink driving conviction affect my job? Yes, a drink driving conviction can affect your job prospects. Certain professions—such as those in education, law enforcement, and driving-heavy jobs—may be particularly impacted. Employers may view drink driving convictions as a red flag, and it could result in disciplinary action or dismissal.

If your job involves driving, a drink driving conviction may lead to the loss of your driving license, which can make it impossible to continue in your current role. Additionally, some employers may require a clean criminal record, and a drink driving conviction will appear on background checks.


Defending a Drink Driving Charge

If you are charged with drink driving, it’s essential to seek the advice of a criminal defense solicitor who specializes in motoring Offences. Here are some potential defenses they may explore:

1. Procedural Errors

The police must follow strict procedures when conducting breathalyzer tests and arresting individuals. If these procedures were not followed correctly, it could result in your case being dismissed.

2. Faulty Equipment

Breathalyzer machines and other testing equipment must be maintained and calibrated regularly. Your solicitor may argue that faulty equipment led to inaccurate results.

3. Emergency Circumstances

In rare cases, you may have a valid defence if you were forced to drive due to an emergency situation, such as escaping from danger.


Drink Driving and Immigration Status

(Immigration applications for Spouse Visa, Indefinite leave to remain (ILR), Skilled Worker, Naturalisation, Citizenship & Extensions.)

Will a drink driving conviction affect my immigration status, including applications for a spouse visa, Indefinite leave to remain (ILR), Skill worker, Naturalisation, Citizenship & extensions?

A drink driving conviction in the UK can impact your immigration status and various applications, including a spouse visa, Indefinite Leave to Remain (ILR), Skilled Worker visa, naturalisation, citizenship, and visa extensions. The extent of the effect depends on several factors, such as the severity of the offence, the sentence imposed, and the time elapsed since the conviction. Here’s how it might affect each application:

 1. Spouse Visa or Skilled Worker Visa:

Character Requirement: Drink driving convictions can affect the “good character” assessment required for these visas. However, you may have to make a case that a conviction like drink driving should not automatically lead to a refusal, especially if it’s a single instance and there was no harm or injury involved.

Potential Impact: If you’ve served a prison sentence, it could have a more significant impact. Typically, non-custodial sentences (like fines or driving bans) are less likely to affect visa applications but are still required to disclose them.

 2. Indefinite Leave to Remain (ILR):

Good Character Requirement: ILR applications assess good character and may take drink driving convictions into account. Generally, a single drink driving conviction, if it’s considered spent under the Rehabilitation of Offenders Act (usually after 5 years for fines), may not affect ILR eligibility. However, you have to build your case to the home office. 

 3. Naturalisation and Citizenship:

Stricter Good Character Requirement: For naturalisation and citizenship, the good character requirement is stringent, and even minor convictions are assessed critically. A drink driving conviction can delay your eligibility. The Home Office generally looks for a period of 3-5 years of good character before considering an application, so it may be wise to wait this period from the date of the conviction before applying.

Disclosure Requirement: All convictions, including spent ones, must be disclosed in citizenship applications. Even if the conviction is spent, the Home Office may still consider it in the overall character assessment.

 4. Extensions and General Visa Applications:

Disclosure and Character Checks: For visa extensions, drink driving convictions should be disclosed as part of your application. Minor convictions, particularly if they’re spent, may not have a significant impact on extensions but should be declared accurately. False or non-disclosure could lead to a visa refusal or even jeopardise your immigration record with a ban.

 

Factors to Consider:

Severity of Conviction: If the drink driving offense involved injury, recklessness, or additional charges, the impact could be more severe.

Recency of Offense: The more recent the offence, the more likely it will be considered in any immigration application.

Rehabilitation Period: The Rehabilitation of Offenders Act allows some convictions to be considered spent after a set period. For drink driving fines, this period is usually 5 years, after which it is “spent” for most immigration applications, although still potentially relevant for citizenship and naturalisation.

 

 Conclusion:

While a drink driving conviction doesn’t automatically bar you from immigration applications, it can affect your eligibility for some applications, especially ILR and citizenship. It's best to consult with an immigration adviser to understand how to address this in your application.


About the author

Moeen Khan

(Solicitor Advocate, Bar at Law, Criminal Duty Solicitor, Accredited Police Station Advisor)

Moeen Khan is a highly skilled solicitor with a wealth of experience in immigration, criminal, and commercial lease matters. With a strong academic background and practical expertise, he has successfully handled complex cases across these areas of law. Mr. Khan's extensive knowledge allows him to provide strategic and tailored legal advice to both individual and business clients. His dedication to achieving favorable outcomes and delivering professional service has earned him a respected position within the legal community. Moeen Khan's commitment to excellence and his client-focused approach make him a trusted legal advisor.

 


How Can Moeen & Co. Solicitors Help?

At Moeen & Co. Solicitors, we have extensive experience in defending clients charged with drink driving Offences. We understand the severe impact a drink driving conviction can have on your life and are here to help minimize the consequences.

Our legal services include:

  • Representation in court proceedings

  • Challenging the evidence presented by the prosecution

  • Negotiating for reduced penalties

  • Appealing your conviction if necessary

If you are facing a drink driving charge, don't hesitate to contact us for professional legal advice. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.

There are several ways to contact our solicitors based in Hayes, London:

We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre. 


Frequently Asked Questions (FAQs)

1. Do you get a criminal record for drink driving in the UK?

Yes, a drink driving conviction will result in a criminal record.

2. How much can you drink and drive in the UK?

The legal limit is 35 micrograms of alcohol per 100 milliliters of breath. However, it’s safest not to drink at all if you plan to drive.

3. Can you leave the country while on bail for drink driving?

This depends on the terms of your bail, but in some cases, you may be required to surrender your passport and stay in the country.

4. What is the penalty for drink driving in the UK?

Penalties can include fines, driving bans, Community orders, imprisonment, and a criminal record.

5. How long does a drink driving conviction stay on your record?

A drink driving conviction will stay on your record for some years depending on the outcome / type of conviction.

6. Can drink driving affect my job?

Yes, particularly if your job involves driving or if your employer requires a clean criminal record.

7. What happens if you are caught drink driving?

You will likely be arrested, charged, and face a court appearance where penalties such as fines, driving bans, or imprisonment may be imposed.

8. Can I defend myself against a drink driving charge?

Yes, with the help of a solicitor, you may be able to challenge the evidence or argue that procedural errors occurred during your arrest.

9. How long can police detain you for drink driving?

Police can detain you for up to 24 hours, or longer with approval from a senior officer.

10. Is a drink driving conviction permanent?

No, but it will remain on your record for some years.

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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