Common Questions
Drink Driving FAQs — England
What happens at the police station after a drink driving arrest?
After arrest, you'll be taken to the police station for an evidential breath test on an approved device. You must provide two samples; the lower reading is used. If over the limit, you'll be charged and bailed to appear at the Magistrates Court. You have the right to legal advice - our solicitors are available 24/7 to assist during this critical stage and can attend the police station.
Can I avoid a driving ban for drink driving in England?
The Magistrates Court must disqualify you unless 'special reasons' exist - these don't include personal hardship but might cover spiked drinks, driving a very short distance in an emergency, or being unaware alcohol was consumed. Successfully arguing special reasons requires expert legal representation as the court applies strict legal tests before exercising discretion not to disqualify.
What is the sentence for drink driving in the Magistrates Court?
For a first offence, expect a 12-18 month ban (longer for high readings), a fine based on your income, and prosecution costs. Readings above 87.5mcg breath risk community orders or custody. Second offences within 10 years carry minimum 3-year bans. Causing death by careless driving when over the limit moves to Crown Court with up to 14 years imprisonment.
Can I drive to work with a drink driving ban?
No, a drink driving disqualification is absolute - you cannot drive for any purpose including work. The Magistrates Court cannot grant a 'work licence'. Some defendants reduce their ban by 25% by completing a drink-drive rehabilitation course, but you must wait until the ban expires before driving again. Driving whilst disqualified is a separate serious offence.
Will a drink driving conviction affect my job?
You must inform your employer if your contract requires disclosure of criminal convictions or if driving is essential to your role. Professional drivers, teachers, healthcare workers and others in regulated professions face additional consequences. The conviction appears on DBS checks and remains on your driving record for 11 years, affecting insurance costs significantly.
What if I wasn't actually driving when police arrived?
Being 'in charge' of a vehicle while over the limit is also an offence under the Road Traffic Act 1988, even if not driving. However, you have a defence if you can prove there was no likelihood of driving while still over the limit. This requires careful legal argument about your intentions and circumstances - our solicitors can assess whether this defence applies.
Can I challenge the breath test reading in court?
Yes, but it requires expert evidence. Challenges might include device calibration issues, medical conditions affecting readings, or procedural breaches by police. The CPS must prove the device was type-approved and properly maintained. Our solicitors work with forensic experts to identify potential challenges and ensure all evidential requirements were met during your arrest and testing.
How quickly do I need a solicitor for drink driving?
Immediately. Early legal advice can identify defences, preserve evidence and ensure proper procedures at the police station. With court dates often within weeks, preparation time is limited. Our 24/7 hotline means you can speak to a drink driving specialist any time, protecting your interests from the moment of arrest through to final court hearing.
