After a drink driving arrest in the UK, there are several steps and procedures that typically follow. It’s important to note that laws and procedures can vary slightly across different parts of the UK (England, Wales, Scotland, and Northern Ireland), but the general process is as follows:
1. Arrest and Custody
When suspected of drink driving, the police will arrest you and take you to the nearest police station. This procedure is standard to prevent further potential harm and to conduct more accurate tests. Your belongings may be taken for safekeeping during custody, and you’ll be given a custody number. The process includes fingerprinting, photographing, and recording your personal details.
2. Breathalyser Test
At the police station, you will be asked to provide a sample of breath using a sophisticated breathalyser apparatus known as the evidential breath testing instrument. This machine provides a more accurate reading of your alcohol level. The limit in England, Wales, and Northern Ireland is 35 micrograms of alcohol per 100 millilitres of breath, and in Scotland, it’s 22 micrograms. Failing this test or refusing to take it can lead to charges of drink driving.
3. Provide a Sample
If you can’t provide a breath sample (due to a medical condition, for example), the police may request a blood or urine sample. The choice of sample is typically at the discretion of the police. Failing to provide these samples without a reasonable excuse is also an offence, treated similarly to failing the breath test.
4. Detainment
After testing, if your alcohol level is above the legal limit, you may be kept in a cell until you are sober enough to be released safely. This is for your safety and the safety of others.
5. Charge and Bail
If charged with a drink driving offence, you might be released on bail until your court date. Bail conditions could include not driving or not visiting certain areas. It’s essential to adhere to these conditions; otherwise, you could be arrested again.
6. Legal Advice
Obtaining legal advice is crucial. A specialist motoring solicitor, such as 1 motoring solicitors, can help you understand the charges against you, the potential penalties, and the best course of action. They can also represent you in court. If you cannot afford legal representation, you may qualify for legal aid or assistance from a duty solicitor at the police station.
7. Court Appearance
You must attend your scheduled court hearing where you can plead guilty or not guilty. If you plead not guilty, a trial date will be set. If you plead guilty or are found guilty after a trial, the court will proceed to sentencing.
8. Penalties and Sentencing
The penalties for drink driving can vary widely, depending on factors like the alcohol level, any previous offences, and whether the incident involved an accident. Penalties can range from fines, driving bans, and community orders to imprisonment for severe offences.
9. Rehabilitation Courses
Some offenders may be offered the chance to attend a DDRS course. Completing this course can reduce your driving ban by up to 25%. It’s designed to educate offenders on the risks of drink driving and to help prevent reoffending.
10. Getting Your Licence Back
After the disqualification period, you typically need to reapply for your driving licence. This process might include retaking your driving test, especially for more severe offences or longer disqualifications. Additionally, your car insurance premiums are likely to increase significantly after a drink driving conviction.
Throughout this process, the impact of a drink driving charge can be significant, not just legally but also personally and professionally. It emphasises the importance of seeking appropriate legal advice and adhering to the law to mitigate the consequences as much as possible.
