Common Questions
Drink Driving FAQs — Wales
What happens if I'm caught drink driving in Wales?
You'll be arrested and taken to a police station for an evidential breath, blood or urine test. If over the limit, you'll be charged and bailed to appear at the Magistrates' Court. The CPS will prosecute your case, and you face a minimum 12-month driving ban plus fines. You have the right to conduct all proceedings in Welsh if you prefer.
Can I avoid a driving ban for drink driving in Wales?
A driving ban is mandatory for drink driving convictions, but you may argue 'special reasons' not to disqualify if circumstances were genuinely exceptional. Examples might include driving in a medical emergency or unknowingly consuming alcohol. The Magistrates' Court has discretion but will need compelling evidence. Expert legal representation is essential for these complex arguments.
What's the drink driving limit in Wales?
The legal limit in Wales is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. This is the same as England but higher than Scotland's limit of 22 micrograms. Even small amounts of alcohol can put you over the limit.
How long will I lose my licence for drink driving in Wales?
The minimum disqualification is 12 months for a first offence, rising to 3 years for a second offence within 10 years. Higher alcohol readings or dangerous driving can increase the ban length. You may reduce the ban by up to 25% by completing a drink-drive rehabilitation course approved by the court.
Can I get legal aid for drink driving charges in Wales?
Legal aid through the Legal Aid Agency is available for drink driving cases if you meet the financial eligibility criteria. This includes representation at the Magistrates' Court and Crown Court if needed. Your solicitor can help you apply and will need to show it's in the interests of justice, considering factors like risk of imprisonment.
What if the breathalyser was faulty?
Challenging breathalyser evidence requires expert legal knowledge and often technical evidence. Potential defences include procedural errors, machine calibration issues, or medical conditions affecting readings. The CPS must prove the device was working correctly and proper procedures were followed. A specialist solicitor can examine the evidence and identify potential challenges to the prosecution's case.
Will a drink driving conviction show on my criminal record?
Yes, drink driving is a criminal offence that will appear on your criminal record and must be declared to employers if asked. It will show on basic DBS checks for 5 years (until 'spent' under the Rehabilitation of Offenders Act 1974) and indefinitely on standard or enhanced checks. This can affect employment, insurance, and travel to certain countries.
Can I drive in Wales while banned in England?
No, a driving disqualification applies across the entire UK. If you're banned by any court in England and Wales, Scotland, or Northern Ireland, you cannot legally drive anywhere in the UK. Driving while disqualified is a serious offence that can result in imprisonment and will extend your ban period when caught.
