Drink Driving Offences
Frequently Asked Questions
Free Drink Driving Legal Advice, Help and FAQ for the UK Motorist
Drink Driving Law – Home
Drink Driving Offences
Driving with excess alcohol or whilst unfit
Can the Police carry out random breath tests?
What is attempting to drive?
What if I fell asleep in the driver's seat?
What if the Police do not question me or do not stop me until sometime after the journey when I am no longer in the car or driving it?
Can you be charged for riding a cycle or horse whilst under the influence?
What is the difference between driving with excess alcohol and driving while unfit?
What are the potential defences?
In charge of a vehicle with excess alcohol or whilst unfit
What is the legal definition of being in charge?
What if I was in my car on my driveway having a cigarette trying to keep warm and I had no intention of driving?
What if I fell asleep in the car or I was sitting in the back?
Can I be prosecuted if I am sitting in the passenger seat?
Can I be prosecuted, for being the passenger?
I had too much to drink so I asked someone else to drive me home. They only have a provisional licence can I be prosecuted?
Failing to co-operate with preliminary test
Can I request that I supply a blood or urine test instead of a preliminary breath test?
What if I refused to provide a breath test and I wasn’t over the limit?
What if my reading is borderline?
What if I fail my roadside test but pass at the Police Station?
Can I be charged with a drink driving offence if I was not given a roadside test and it took some time to get to the Police Station?
What if I couldn’t provide a specimen of breath at the roadside as I suffer from asthma?
What if I refused to give a test because I do not believe that I was in charge of the vehicle?
What if the Police officer did not explain to me properly how to use the device. As a result, I failed to provide a specimen of breath but I was perfectly willing to co-operate?
When a person is pulled over for driving erratically, if they haven't been drinking are they tested for drugs?
Failing to provide specimens for analysis
What is my legal obligation?
Do I have to be arrested for a drink driving offence before I am obliged to give a specimen?
What if I told the Police that I was not driving by they refused to believe me so I refused to give a specimen?
What if I am willing to provide a specimen but fail to do so despite my best efforts?
What if the breath measuring machine simply failed to register when I blew into it?
When I was initially asked to give a breath test, I refused but having thought about it, I came to my senses, I was then willing to do so. The Police refused to take a subsequent breath test and I have been charged, what are my rights?
What if when asked to supply a specimen I did not refuse but simply did not respond?
I was asked to give a blood sample but offered urine instead. I have been charged with refusing to supply a specimen. I did not refuse but the Police were not willing to take a urine specimen instead. What are my rights and have I committed an offence?
I gave my first specimen of breath but the second test did not register. I did not refuse and was happy to co-operate, why I have been charged with failing to supply?
When I gave a breath test at the Police Station, it was below the limit so I refused to give a second breath test. Where do I stand?
Failure to allow specimen to be subjected to a laboratory test
What if I am not physically capable of giving permission, have I committed an offence?
What if I have a reasonable excuse for refusing permission?
What if without my knowledge or authority a medical practitioner refuses believing that is in my interests?
Penalties/Court Hearing
Maximum Punishments
What are the maximum penalties for drink driving?
How is the fine calculated?
Can I ask for time to pay a fine?
How does a Court decide on a punishment/What are the Court guidelines?
What is the drink driving rehabilitation course?
When is Community Service likely and what can I expect?
Will I go to prison, when is a custodial sentence likely?
What is a curfew order?
Drink Driving Ban
What is the difference between a discretionary drink driving ban and an obligatory drink driving disqualification?
How long will I be banned for drink driving/lose my driving licence?
Will the Court take into account the loss of my job?
Can I avoid a drink driving ban or escape disqualification?
What if I was caught drink driving whilst disqualified, will my original ban be extended?
Magistrates Court Hearing
What can I expect at the Court hearing/what will the procedure be if I am pleading guilty?
How long will the hearing last? If a ban is imposed, when will the disqualification commence?
Will I be given the opportunity to put forward my case?
Will the Magistrates listen to what I have to say?
What mitigating factors can I put before the Court?
Will the Court assist me with my case?
Will a letter of reference from my employer help my case?
Drink driving is totally out of character for me, will character references assist my case?
Do I have to attend the hearing or can I send in a letter of mitigation?
Can I get the hearing transferred to my local Court?
Will the Magistrates or anybody else ask me questions?
How would I benefit from representation if I am pleading guilty?
What if I plead not guilty?
Potential Defences
Duress
Hip flask/drank after the incident
Spiked or laced drinks
Technical defences/the Police did not follow the process correctly
Shortness of distance driven
Not on a public highway
Emergency
Drink Driving
Drink Driving Limit
What is the drink driving limit?
How many units can I drink before driving?
Can drinking coffee or having a cold shower help me to sober up?
How long do the effects of alcohol take to wear off?
What constitutes a unit of alcohol?
How do I calculate how many units there are in a drink?
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