What law governs drink driving charges in the UK?
Drink driving offences are found in the Road Traffic Act 1988. The principal offence is driving or attempting to drive a motor vehicle on a road or other public place with a proportion of alcohol in breath, blood, or urine exceeding the prescribed limit. The offence under section 5 of the Act carries a mandatory minimum disqualification of 12 months on conviction.
What are the drink driving limits in England, Wales, and Scotland?
In England and Wales the limits are 35 microgrammes of alcohol per 100 millilitres of breath, 80 milligrammes per 100 millilitres of blood, and 107 milligrammes per 100 millilitres of urine. Scotland has stricter limits: 22 microgrammes per 100 millilitres of breath and 50 milligrammes per 100 millilitres of blood. Northern Ireland uses the same limits as England and Wales.
What happens at the roadside breathalyser stage and what are my rights?
A police officer can require a preliminary breath test if they reasonably suspect you have alcohol in your body, have committed a moving traffic offence, or have been involved in an accident. If you fail or refuse the roadside test you will be arrested and taken to the police station for an evidential breath test on an approved device. At the police station, if your breath reading is between 40 and 50 microgrammes you have the right to request a blood or urine sample instead.
Is disqualification from driving mandatory on conviction?
Yes. A minimum 12-month disqualification is mandatory for a first drink drive conviction. The disqualification is increased to a mandatory minimum of three years if you have been convicted of a relevant drink or drug driving offence within the previous ten years. There is no discretion to avoid disqualification unless special reasons apply.
What are special reasons and can they help me avoid disqualification?
Special reasons are mitigating circumstances directly connected to the commission of the offence — not general mitigation about your personal circumstances. Examples include driving only a very short distance, not knowing your drink had been laced, or genuine emergencies. If special reasons are found the court has discretion not to disqualify or to disqualify for a shorter period. They must be argued before the Magistrates and the burden is on you to establish them on the balance of probabilities.
What is the Drink Drive Rehabilitation Scheme?
The Drink Drive Rehabilitation Scheme (DDRS) allows the court to offer you the option of attending an approved course in exchange for a 25 per cent reduction in the length of your disqualification. The court has discretion to offer the course; it is not automatic. You pay for the course yourself. On successful completion the reduced disqualification applies. The course is not available if you are imprisoned for the offence.
How does the Magistrates Court process work for a drink driving charge?
Drink driving is a summary offence heard entirely in the Magistrates Court. You will receive a Single Justice Procedure Notice or a charge sheet with a hearing date. At the first hearing you enter a plea. If you plead guilty sentencing usually takes place immediately or at a short-adjourned hearing. If you plead not guilty a trial will be listed. The prosecution must prove beyond reasonable doubt that the evidential specimen was taken correctly and exceeded the limit.
Should I plead guilty or not guilty to a drink driving charge?
A guilty plea at the earliest opportunity attracts maximum credit in sentencing, which for drink driving primarily affects any fine and costs rather than the disqualification. Not guilty pleas are worth pursuing if there are genuine procedural defects in the evidence — for example, faults in the approved device, failure to comply with the Road Traffic Act sampling procedure, or if special reasons exist. You should assess the strength of the prosecution evidence carefully before deciding.
Can I drive during the period between charge and conviction?
Yes, unless you are remanded in custody or subject to bail conditions preventing driving. You remain licensed to drive until the court orders disqualification on conviction. However, if you are arrested and charged you should check your insurance policy — some policies are invalidated by a charge or pending prosecution.
How does uplaw.ai help with a drink driving charge in the UK?
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