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Caught Drink Driving? Here’s What Happens Next

May 31, 2024

Drink driving never comes without consequences, especially if you’ve been caught by the police. If you were pulled over for drunk driving, you may be worried about what will happen next and what this road traffic offence will mean for your future.


Here we will explain everything you need to know before getting in touch with a road traffic lawyer.


Know the drink drive limits



Any drivers in the UK should be aware of the drunk driving limits and avoid driving whilst under the influence of drugs and alcohol. In England and Wales, the law clearly sets out the limits which you must be under if you are operating a vehicle. The police can check the amount of alcohol in your system in three ways:


  • Breath test: You will blow in a breathalyser and the limit is 35 micrograms of alcohol per 100 millilitres of breath.
  • Urine test: A test of your urine will indicate whether you are under 107 milligrams of alcohol per 100 millilitres of urine.
  • Blood test: For a blood test the limit is 80 milligrams of alcohol in 100 millilitres of blood.


If you are asked for a test


The police can pull you over and request that you give a breath test if they have any suspicion that you have consumed alcohol. You cannot deny a sample and must comply if you have been asked. Failure to do so will result in charges which can bring serious penalties.


If you fail the roadside breath test you will be taken to the police station where you will be required to give two further breath samples. If these samples indicate you are 40% over the limit you will be offered the option to give a blood or urine sample. Every sample will be used as evidence.


What penalties will you be facing?


If you are over the limit you will be arrested and charged, most likely with bail to attend court at a later date. This is when you will need to find a traffic offence lawyer to fight your case. You are able to drive until your court date, however, if your court result is a ban it will be effective immediately.


Being in charge of a vehicle while over the legal limit:


  • three months in prison
  • up to £2,500 fine
  • a driving ban.


Driving or attempting to drive above the legal limit:


  • six months in prison
  • an unlimited fine
  • a one-year driving ban. This increases to a three-year ban if you are convicted twice within 10 years


Causing death by careless driving while under the influence of alcohol:


  • 14 years in prison
  • an unlimited fine
  • a two-year ban
  • an extended driving test to get your licence back after completing your period of disqualification.


For refusing to give a breath, blood or urine specimen the penalty is:


  • six months in prison
  • an unlimited fine
  • at least a one-year motoring ban.


Get Help From Lefevre Litigation


Get in touch with Lefevre Litigation today to discuss your case and find an experienced traffic lawyer or car accident lawyer.


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