What Happens If You Get Arrested for Drink Driving?

What Happens If You Get Arrested for Drink Driving?

Being arrested for drink driving is a serious offence with significant legal, financial, and personal consequences. Whether you are a UK citizen arrested in your home country or abroad, understanding the legal process and potential penalties is essential.

What Is Drink Driving?

Drink driving, also known as driving under the influence (DUI) or driving while intoxicated (DWI), occurs when a driver operates a vehicle while their blood alcohol content (BAC) exceeds the legal limit. In the UK, the legal limit for BAC is:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams of alcohol per 100 millilitres of blood
• 107 milligrams of alcohol per 100 millilitres of urine

Driving with alcohol levels above these limits is considered a criminal offence, and police have the authority to arrest you on suspicion of drink driving if you are over the limit or refuse to take a breathalyser test.

What Happens When You Are Arrested for Drink Driving?

1. The Roadside Stop

The process usually begins with a traffic stop. You may be stopped by the police if they suspect you are under the influence of alcohol. Common reasons for being stopped include erratic driving, speeding, or being involved in an accident.

At the roadside, the police will ask you to take a breathalyser test to measure your BAC. If the result shows you are over the legal limit, or if you refuse to take the test, you will be arrested.

2. Arrest and Transport to the Police Station

If you fail the roadside breath test, the police will arrest you on suspicion of drink driving. You will then be transported to the nearest police station. It is important to cooperate during this process and avoid any resistance or confrontation with the officers, as this could lead to additional charges.

3. Formal Breath, Blood, or Urine Test at the Police Station

Once at the police station, you will be asked to take a more accurate breath test using a calibrated machine. If the result of this test confirms you are over the legal limit, you will be formally charged with drink driving. In some cases, the police may ask for a blood or urine sample if a breath test is not feasible.

Refusing to provide a sample can lead to further charges, including “failing to provide a specimen,” which carries similar penalties to drink driving.

4. Detention

After the formal testing, you may be detained in police custody, especially if you pose a danger to yourself or others, or if the police need time to carry out further investigations. You will be held until the police deem it safe to release you or until you are sober enough to leave.

5. Being Charged

If the test results show you are over the limit, the police will charge you with drink driving. You will be given a date to appear in court, and in some cases, you may be released on bail until your court hearing. In serious cases, such as those involving accidents or repeat offences, the police may decide to keep you in custody.

6. Court Appearance

Once charged, you will be required to appear in court. Depending on the severity of your offence, this could be a magistrates’ court or a Crown court. At your hearing, you will have the opportunity to plead guilty or not guilty. If you plead guilty, the court will proceed with sentencing. If you plead not guilty, a trial will be arranged.

Legal Consequences of Drink Driving

The penalties for drink driving in the UK are severe and can have long-lasting consequences. The specific penalty you face will depend on factors such as your BAC level, whether it’s your first offence, and whether there was an accident or injury involved.

1. Fines

If convicted of drink driving, you will likely face a significant fine. Fines for drink driving can range from hundreds to thousands of pounds, depending on the severity of the offence and your financial situation.

2. Driving Ban

One of the most common penalties for drink driving is a driving ban. The length of the ban depends on the circumstances of the offence. For a first-time offender, the ban is usually at least 12 months, but this can increase for repeat offenders or if there are aggravating factors.

In some cases, you may be offered the opportunity to attend a drink driving rehabilitation course to reduce the length of your driving ban.

3. Imprisonment

For more serious cases, particularly those involving accidents, injuries, or repeat offences, you could face a prison sentence. The maximum sentence for causing death by drink driving is 14 years in prison, along with an unlimited fine and a minimum driving ban of two years.

For less severe cases, you could still face up to 6 months in prison, even for a first offence.

4. Criminal Record

A drink driving conviction results in a criminal record. This can have far-reaching implications, including difficulty securing employment, travelling to certain countries, or obtaining insurance. A criminal record for drink driving is usually spent after 5 years, but it will remain on your driving record for 11 years.

5. Increased Insurance Costs

Following a drink driving conviction, your car insurance premiums will increase significantly. Many insurers consider convicted drink drivers to be high-risk, meaning that your insurance options will be limited, and the cost of premiums will be considerably higher for several years.

Your Rights During the Arrest Process

If you are arrested for drink driving, you have several rights that are important to understand:

• Right to Legal Representation: You have the right to speak with a solicitor at any point during your time in police custody. If you cannot afford one, a duty solicitor will be provided.
• Right to Remain Silent: While you must provide basic information, such as your name and address, you have the right to remain silent beyond that, although remaining silent during certain questioning could affect your case later.
• Right to Medical Attention: If you feel unwell or require medical attention, you can request a doctor or nurse during your time in custody.
• Right to a Fair Trial: If you believe there was an issue with the breathalyser test or any part of the legal process, your lawyer can raise these concerns in court.

What Happens After Your Court Appearance?

After your court appearance, the judge or magistrate will determine your sentence. If you are found guilty, the court will issue a fine, a driving ban, and potentially a prison sentence, depending on the severity of the case.

If you feel that the sentence is unfair, you may have the right to appeal the decision. This is something that your solicitor can assist you with.

Avoiding Drink Driving

The simplest way to avoid being arrested for drink driving is not to drink any alcohol if you plan to drive. It can be difficult to know exactly how much alcohol is in your system, as factors such as body weight, food consumption, and alcohol tolerance can affect your BAC levels.

If you are unsure, it is always safer to avoid driving or use public transport, a taxi, or a designated driver. Remember, even the morning after a night of drinking, you could still be over the legal limit.

Conclusion

Being arrested for drink driving is a serious offence that can lead to significant legal consequences, including fines, imprisonment, and a criminal record. The best way to protect yourself from these consequences is to avoid drink driving altogether. If you are arrested, it is important to understand your rights and seek legal representation to navigate the legal process effectively.

By knowing the potential penalties and taking a responsible approach to alcohol consumption, you can avoid the life-altering consequences of a drink driving conviction.

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