What Happens if You Get Caught Drink Driving in the UK? Penalties, Process, and Your Rights Explained
What Happens if You Get Caught Drink Driving in the UK? Penalties, Process, and Your Rights Explained
Being caught drink driving is one of the most serious motoring offences in the UK. It carries strict penalties, including a mandatory driving ban, large fines, and in severe cases, imprisonment. A conviction can have long-lasting consequences — from higher insurance premiums to difficulty finding work or travelling abroad.
At Makwanas, we understand that not all drink driving cases are straightforward. Breathalyser results can be inaccurate, police procedure must be followed precisely, and you may have a legal defence. Our expert drink driving solicitors have successfully defended drivers across England and Wales, ensuring the best possible outcomes even in challenging cases.
Book Your Free Discovery Call Today – Speak to a specialist solicitor about your drink driving case.
What Happens Immediately After You’re Caught Drink Driving?
If the police suspect you are over the legal alcohol limit, here’s what you can expect:
Initial Stop and Roadside Breath Test
- Police can stop you if they suspect you have been drinking, have committed a traffic offence, or have been involved in an accident.
- A roadside breath test will be administered using a handheld device.
Arrest and Transport to a Police Station
- If the roadside test is positive, you will be arrested and taken to a police station for further testing.
Evidential Breath, Blood, or Urine Test
- The evidential test result is the one used in court, not the roadside reading.
- In some cases, blood or urine samples are taken instead of breath.
Police Interview and Charge
- You may be interviewed under caution before being charged.
- If charged, you will be given a court date.
UK Drink Driving Limits
The legal limits for alcohol while driving in England and Wales are:
- 35 micrograms of alcohol per 100ml of breath
- 80 milligrams of alcohol per 100ml of blood
- 107 milligrams of alcohol per 100ml of urine
Penalties for Drink Driving in the UK
If convicted, penalties can include:
- Driving Ban – Minimum 12 months for a first offence, at least 3 years for a second offence within 10 years.
- Unlimited Fine – The court can impose any amount it considers appropriate.
- Imprisonment – Up to 6 months for the most serious cases.
- Criminal Record – Remains on your licence for 11 years, impacting employment and travel.
- Increased Insurance Premiums – Many insurers refuse cover or significantly raise rates.
How a Solicitor Can Help in a Drink Driving Case
At Makwanas, we can:
- Challenge the legality and accuracy of the breath, blood, or urine tests.
- Investigate whether police followed correct procedures under the Road Traffic Act 1988.
- Argue that there were special reasons for your offence, which could avoid a ban.
- Present strong mitigation to reduce the sentence if conviction is unavoidable.
Frequently Asked Questions: What Really Happens if You Get Caught Drink Driving in the UK
Will I definitely lose my licence for drink driving?
Yes — if convicted, a driving ban is mandatory unless you can show special reasons.
Can I go to prison for drink driving?
Yes — imprisonment is possible, particularly in cases involving dangerous driving or accidents.
How long will the ban be for drink driving?
For a first offence, the minimum is 12 months. The length increases with higher alcohol readings or repeat offences.
Will a drink driving conviction show on a DBS check?
Yes — it is a criminal conviction and will appear on certain levels of DBS checks.
Do I need a solicitor for drink driving?
Yes — expert legal advice can make a significant difference to the outcome.
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