First Drink Driving Offence – Consequences

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.

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 infographic below summarizes the possible penalties:

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 offencesolicitors 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 Englandcan help you with clarifications.

If you are found guilty of drink driving in the UK, even if this is your first offence of this sort, you will most likely be met with undesirable consequences when it comes to your car insurance policy. These can include premium hikes or the insurance company’s refusal to cover you.

Below, you can watch a short video on the consequences of the first drink-drive offence:

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.

Aggravating factors for the drinking and driving first offence

When found guilty of a drinking and driving first offence, previous convictions cannot be used as a factor that increases the seriousness of the act. Because the individual has no other previous convictions, he or she cannot be accused of this aggravating factor, nor can they be charged with having committed the offence whilst on bail (unless they were on bail for another matter – in this case, our drink drive solicitors in London can help provide details).

Even if you are found guilty of drinking and driving for the first time, and the authorities cannot use previous convictions as aggravating factors to increase the severity of the penalty, you may still be accused of other matters that can aggravate your case. Our motoring offence solicitors in the UK list some of the possibilities:

• Offering to drive for hire or reward;
• High likelihood of driving (when found guilty of excess alcohol in charge of a vehicle)
• Carrying passengers;
• Involved in a collision;
• High level of traffic or pedestrians in the vicinity;
• Driving a goods vehicle or a public service vehicle.

For the purpose of the Magistrate’s sentencing guidelines, a goods vehicle is a motor vehicle intended for carrying goods. It can also be a vehicle that has been modified for this purpose. A public service vehicle is one used to carry more than eight passengers for hire or reward.

The most severe of the drink drive offences, which is causing death by careless driving whilst under the influence of drink, also carries other aggravating factors that can increase the penalty (as determined by the Crown Court) even if the offender has no previous convictions (i.e., they are at their first drink driving offence). The most important factors that increase seriousness in this case are listed below by our driving offence solicitors:

• The victim of the careless driving was a “vulnerable road user” (pedestrian, cyclist, motorcyclist, or horse rider);
• The party found guilty of having caused death by careless driving was disregarding the warnings of others and/or was driving for commercial purposes;
• There were passengers in the vehicle and/or the vehicle was poorly maintained;
• The driver failed to stop and/or obstructed or hindered the attempts to assist at the scene;
• Like cases that do not involve death, it is an aggravating factor to have driven a goods vehicle or a public service vehicle.

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.