A drink driving charge is one of the most stressful legal situations a person can face. Even a first offence carries a mandatory minimum 12-month driving ban and can have serious consequences for your employment, insurance, and personal life. This guide explains what to expect and what you can do to protect your position.
The Court Process
Drink driving cases are heard in the Magistrates' Court. You will receive a summons giving you a court date — usually within 6 to 8 weeks of the charge. At the first hearing, you will be asked to enter a plea. If you plead guilty, the case will usually be sentenced at the same hearing or shortly afterwards. If you plead not guilty, a trial date will be set.
The Sentencing Guidelines
The sentence for drink driving depends primarily on the level of alcohol in your breath, blood, or urine. The guidelines divide offences into three bands:
- Band A (just over the limit): 12–16 month ban, Band A fine (50% of weekly income)
- Band B (medium level): 17–22 month ban, Band B fine (100% of weekly income)
- Band C (high level): 23–28 month ban, Band C fine (150% of weekly income), possible community order or custody
The Drink Drive Rehabilitation Course
If you are banned for 12 months or more, the court will usually offer you the opportunity to take a drink drive rehabilitation course. Completing the course reduces your ban by up to 25%. For a 12-month ban, this means you could be driving again after 9 months. The course costs around £250 and must be completed within the first two-thirds of your ban.
Aggravating and Mitigating Factors
The court will consider factors that increase or reduce the seriousness of the offence:
- Aggravating: high reading, accident caused, passengers in the vehicle, driving for hire, previous convictions
- Mitigating: genuine emergency, no previous convictions, genuine remorse, co-operation with police, personal mitigation (employment, family circumstances)
Can a Solicitor Help?
Yes — significantly. A solicitor can review the evidence for any procedural errors in the way the breath test was administered or the sample was taken. They can present personal mitigation effectively to the court, potentially reducing the length of the ban. In cases where there is a genuine defence — such as the 'hip flask' defence or a medical condition — a solicitor can advise on whether it is worth contesting the charge.
Exceptional Hardship
If losing your licence would cause exceptional hardship — for example, if you would lose your job and your family would suffer significant financial hardship — you can ask the court to take this into account. This is not a defence, but it can sometimes persuade the court to impose a shorter ban. The threshold is high and the argument must be presented carefully.
PDA Law offers a free initial consultation for drink driving cases. We will review your case, advise on your options, and give you an honest assessment of the likely outcome — with no obligation to proceed.