First Time Drink Driving Offence UK

Drink driving is a serious criminal offence in the UK, with severe penalties, including up to £5,000 fine, a 12-month driving ban, and potential imprisonment.

If you've been charged with a first time drink driving offence, call our drink driving solicitors at 0203 959 7755 for urgent help with your drink driving case.

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What is a drink driving offence in the UK?

Drink driving is a criminal offence in the UK under the Road Traffic Act 1988, when a person drives a vehicle while over the legal alcohol limit or unfit to drive.

Excess Alcohol (driving or attempting to drive) and Excess Alcohol (being in charge of a vehicle) are two major drink-driving offences in the UK, both subject to strict UK alcohol limits.

Drink driving is a serious criminal offence in the UK, and it carries serious penalties, including fines, driving bans, and even imprisonment.

What happens if you are caught drink driving for the first time?

The police will likely stop you if they suspect you have been drinking and will ask you to take a breath test.

If you fail the test or refuse to take it, you will be arrested and taken to a police station for further testing (blood or urine test).

If you're caught drink driving for the first time, several things can happen:

• Breath, blood, or urine test: Failure results in arrest and further testing.
• Penalties: Minimum 12-month driving ban, up to £5,000 fine, 6 months in prison, 10 penalty points, and a criminal record.
• Court appearance: The judge will determine penalties based on the offence details.
• Insurance impact: Increased premiums and difficulty obtaining coverage.
• Drink Driving Rehabilitation Course: Potential reduction of your driving ban by up to 25%.

What are the penalties for a first-time drink driving offence?

The UK has strict penalties for drink driving to keep roads safe. The penalty depends on the offence if it's a first-time or repeat offence, and any aggravating factors.

For a first-time drink driving offence, you could face the following penalties:

• A minimum 12-month driving ban
• A fine of up to £5,000
• Up to 6 months in prison
• 10 penalty points on your driving licence
• A criminal record

A minimum 12-month driving ban

A minimum 12-month driving ban is a mandatory penalty for drink driving in the UK. Once convicted, you’ll be disqualified from driving for at least 12 months.

The ban could be longer if your alcohol level was high or if you caused an accident.

A fine of up to £5,000

The Court can impose a financial penalty of up to £5,000 for a first-time drink driving conviction.

The amount will vary based on factors such as the seriousness of the offence, your alcohol level, and whether any other violations or accidents took place.

Up to 6 months in prison

In some cases, a first-time offender could face a prison sentence, particularly if the offence involved an accident or if the BAC was significantly above the legal limit. The maximum prison sentence for drink driving is up to 6 months.

10 penalty points on your driving licence

Along with a driving ban, first-time offenders may also receive 10 penalty points on their driving licence. If you get 12 or more points in three years, you could lose your licence again.

A criminal record

A drink driving conviction will result in a criminal record, which can have long-term consequences and can affect your job and travel plans.

It may also affect your ability to travel, as some countries may refuse entry if you have a criminal record.

If you're facing a first-time drink driving charge, contact our drink driving solicitors at 0203 959 7755 for immediate assistance with your case.

Legal defences used in drink driving cases

Several legal defences can be used in drink driving cases to challenge the charge or reduce penalties including:

• Faulty or improper use of the breathalyser
• Failure to follow proper arrest or testing procedures
• Alcohol consumption after driving but before testing
• Not actually driving or in control of the vehicle
• No intention of driving while in the car
• Drink spiked without your knowledge
• Driving under threat or coercion

What is the legal alcohol limit for driving in the UK?

The legal alcohol limits in the UK 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

Scotland has lower limits to discourage drink driving. But even small amounts of alcohol can affect your driving ability.

How long does a drink driving conviction stay on my record?

A drink driving conviction remains on your driving record for 11 years from the date of conviction. However, for criminal record checks, it is considered "spent" after 5 years in England and Wales (or 2.5 years if you're under 18).

Can I reduce my driving ban?

The Court might allow you to take a Drink Drive Rehabilitation Course (DDRC), which, if completed, could reduce your driving ban by up to 25%.

Will a drink driving conviction affect my car insurance?

Yes, a drink driving conviction will significantly increase your insurance premiums. Many insurers consider convicted drink drivers high-risk, and some may refuse to offer coverage.

What happens if I refuse a breath, blood, or urine test?

Refusing to provide a breath, blood, or urine sample is a criminal offence. You could face 6 months in prison, an unlimited fine, and a 12-month driving ban.

What does a drink driving solicitor do?

Our drink driving solicitor specialises in defending individuals charged with drink driving offences. We provide expert legal advice, build a strong defence, and help minimise the consequences of a conviction.

Our solicitors can assist with a first-time drink driving offence in the UK in several ways:

• Legal Advice
• Case Assessment
• Defence Strategy
• Court Representation
• Negotiation
• Appeals
• Rehabilitation Support

Legal Advice

The first step our drink driving solicitor takes is providing clear and practical legal advice. We explain your rights, possible penalties, and legal options so you understand your situation and the best course of action.

Case Assessment

Our solicitor carefully reviews all aspects of your case, including police reports, breathalyser test results, blood or urine samples, and any witness statements. We look for any procedural errors or legal grounds that could be used to challenge the case.

Defence Strategy

Based on our assessment, our drink driving solicitor will identify possible legal defences or mitigating factors to strengthen your case. Common defences include:

• Faulty breathalyser equipment or incorrect testing procedures.
• Medical conditions that may have affected test results.
• No intention to drive at the time of the charge.
• Post-driving alcohol consumption (drinking after the journey but before testing).

Court Representation

If your case goes to court, our drink driving solicitor will represent you before the judge. We will present arguments, cross-examine witnesses, and use legal strategies to minimise penalties or challenge the prosecution’s case.

Negotiation

A solicitor might talk to the prosecution to reduce charges or get a lighter penalty. This could mean avoiding a driving ban or getting a smaller fine.

Appeals

If you think you were wrongfully convicted or received an unfair sentence, our drink driving solicitor can help. We will look for new evidence, point out mistakes, and fight for a reduced penalty or case dismissal.

Rehabilitation Support

If you're banned from driving, our solicitor can help you with a Drink Drive Rehabilitation Course (DDRC). Doing this course can reduce your driving ban by up to 25%, helping you get your licence back sooner.

Charged with first-time drink driving? Call 0203 959 7755 to see how our solicitors can help reduce fines, bans, or imprisonment.

How much does a drink driving solicitor cost?

Our driving offence solicitors in London charge an hourly rate between £150 to £300 per hour plus VAT depending on the complexity of the drink driving case. We also offer fixed fees for simple drink driving offence cases.

Contact a drink driving solicitor

Facing a first-time drink driving charge? Call 0203 959 7755 to speak with our drink driving solicitors for immediate assistance.