What Happens if you are caught Drink Driving?

Serena Joshi of our Criminal Department reflects on the type of cases that she has seen an increase of in the New Year and offers advice for those who have been caught drink driving.

Nearing the end of January 2023, whilst most people have had a nice and relaxing break from work, some unfortunately have been caught drink driving and are facing the prospect of not only losing their driving licence but being convicted of a criminal offence.

People often make the mistake of driving whilst having had a couple of drinks, not realising that they are over the legal limit. 

The law is that if you were driving whilst over the legal limit, then you would be committing the offence of Driving/Attempt to Drive with Excess Alcohol.  You can also commit the offence of being drunk whilst in charge [Being in Charge of a Vehicle with Excess Alcohol]if you were in control of the car whilst over the legal limit.

If you are found guilty of drink driving, you will be banned from driving for at least 12 months and made to pay a fine.  More serious cases can result in a prison sentence and a lengthier ban. 

The Sentencing Council provides Sentencing Guidelines for drink driving and similar offence which can be found here: https://www.sentencingcouncil.org.uk/outlines/drink-driving/

If you drive for your job, you will need to consider the terms of your employment to see whether being banned from driving would result in your losing your job.  Professional drivers, such as lorry drivers, could have their case referred to the Office of the Traffic Commissioner who can suspend or revoke a driver’s entitlement and also disqualify for offences such as drink driving, drug driving, speeding and using a mobile phone whilst driving.

We can help

Charles Strachan Solicitors’ criminal department have a very experienced and dedicated Motoring Law Department who can help you avoid receiving a driving ban and getting you the best result possible.  Legal Aid is available for some cases.

Contact us on 0121 704 3311 or email us at info@charlesstrachan.com