All who are caught driving above the limit or being drunk in charge of a vehicle are prosecuted according to the Road Traffic Act and the corresponding penalties. If you are accused of a first drink driving offence in the UK, the judge overseeing your case could choose to adopt a set of sentencing guidelines based on mitigating factors. Read below to understand how the drinking and driving first offence is prosecuted and how our driving solicitor in the UK can help you.
| Quick Facts | |
|---|---|
| Special assistance available for those accused of drink driving for the first time | Yes, available from our experienced team of drink drive solicitors in the UK. |
| Lower penalties available for those accused of drink driving for the first time | On a case-by-case basis and depending on the severity of the acts. |
| Longest driving ban for first drink offence | At least 1 year in most cases |
| Lowest fine for first-time drink drive offenders | Up to £2,500 |
| Maximum fine for first-time drink drive offenders | Unlimited |
| Lowest imprisonment time for first-time drink drive offenders | 6 months |
| Maximum imprisonment time for first-time drink drive offenders | Life imprisonment when causing death by careless driving while unfit through drink. |
| Possibility to reduce the drive ban for first-time offenders | In some cases |
| Conditions for the drive ban reduction | The ban must be for at least 12 months |
| Who issues the reduction for the drive ban | The court |
| Aggravating factors for first-time drink drive offenders | Carrying passengers, being involved in an accident, high pedestrian traffic, etc. |
| Mitigating factors for first-time drink drive offenders | Having no previous convictions, showing remorse, genuine emergencies, etc. |
| Sentencing influenced by the level of alcohol, even for first-time offenders | Yes |
| Who works out the mitigation for drink driving | The court |
| Other problems for drink driving in the UK, even for first-time offenders | Employment issues and/or car insurance cost increase. |
Table of Contents
General penalties for drink driving in the UK
If you are found guilty of drink driving in the UK, you could be subject to a driving ban, receive a fine, or even be imprisoned, if the severity of your actions was particularly high.
The penalty you can get for a drinking and driving first offence will depend not only on the damages caused, but also on how you show remorse for your actions.
The magistrates who hear your case will take into account several factors and may choose to mitigate the penalty – you can read more about this below.
In all cases, even if you are faced with your drinking and driving first offence, you will be prosecuted if you are found guilty of the following:
- Being in charge of a vehicle whilst above the legal limit (see below what these limits are in the UK);
- Driving or attempting to drive while above the legal limit or unfit through drink (be mindful of the fact that even the attempt to drive while in this state is taken into account);
- Refusing to provide a specimen for analysis if stopped by the police (either type of specimen, be it blood, urine, or breath);
- Causing death by careless driving whilst being unfit through drink (this is the most severe case and one in which the fine can be unlimited and the offender could face life imprisonment).
Our driving offence solicitors in the UK have significant experience with these types of cases, and you can rely on our assistance if this is your first drink driving offence and you want to know more about the consequences.
For the purpose of understanding the applicable law, we remind you that the drink drive limit in the UK is the following:
- 35 micrograms per 100 millilitres of breath or
- 80 milligrammes per 100 millilitres of blood or
- 107 milligrammes per 100 millilitres of urine.
The limits listed above by our motoring offence solicitors apply for those driving in England, Wales, and Northern Ireland. The limits applicable in Scotland are lower in all three categories.
Even if this is your first drinking and driving offence, you cannot drive anywhere in the UK if a UK court bans you from driving.
Please keep in mind that alcohol affects people differently based on many different biological factors. If you believe that you have been wrongly convicted, our driving offence solicitors in England can help you with clarifications.
Mitigating factors for the drinking and driving first offence
The Sentencing Council for England and Wales sets forth the guidelines applicable to magistrates who judge drink drive cases, including those who have been accused of their first drink driving offence in the UK.
While the sentencing of each case is different, and it depends on the number of people involved in the accident caused by drink driving (if any), and other caused damages, some factors may count towards a more lenient approach from the judge overseeing the case.
If you are facing your drinking and driving first offence in the UK, the mitigating factors that may apply include:
- Having no previous conviction;
- Genuine remorse;
- Positive character;
- A very short driving distance;
- Spiked drinks;
- An established genuine medical emergency was the reason for which the individual chose to drive while unfit through drink.
If you want to know more about the factors that determine how a drink drive case is judged in the UK, including for those who have their first drink drive offence, you can contact our driving offence solicitors.