Drink Driving: What Happens Next

The legal limit is 35 micrograms of alcohol per 100 millilitres of breath (breath test), 80 milligrams per 100 millilitres of blood (blood test), or 107 milligrams per 100 millilitres of urine (urine test). Scotland has a lower limit of 22 micrograms per 100 millilitres of breath.

You will be taken to a police station and asked to provide two breath specimens using an evidential breath testing machine. If the lower reading is above 35 micrograms, you will be charged. If the lower reading is between 35 and 39 micrograms, you may be offered a blood or urine test instead. You will then be released on bail or kept in custody to appear in court.

If you are convicted of drink driving, a minimum 12-month disqualification is mandatory. There is no discretion — the court must disqualify you. The ban can be longer depending on the level of alcohol, whether it is a repeat offence, and any aggravating factors. However, a solicitor can make representations to minimise the length of the ban.

No. The courts cannot avoid imposing a disqualification for drink driving, regardless of the impact on your employment. However, a solicitor can present mitigating factors to the court to argue for the minimum possible ban, and can advise on the drink drive rehabilitation course, which can reduce the ban by up to 25%.

The drink drive rehabilitation course (DDRC) is offered by the court at sentencing. Completing it reduces your disqualification by up to 25%. For example, a 12-month ban becomes 9 months. The course costs around £150–£250 and must be completed before the reduced ban expires.

In addition to disqualification, you can receive an unlimited fine, up to 6 months' imprisonment (for the most serious cases), and a criminal record. The offence will appear on your driving licence for 11 years. It may also affect your insurance premiums and employment prospects.

Yes. There are several potential defences, including: the breath testing equipment was not properly calibrated or maintained; the procedure was not followed correctly; you were not driving or in charge of the vehicle; or the alcohol was consumed after the incident (the "hip flask" defence). A solicitor will review the evidence and advise on whether a defence is viable.

Refusing to provide a breath, blood or urine specimen without reasonable excuse is itself a criminal offence, carrying the same penalties as drink driving. A solicitor can advise on whether a medical reason or other defence applies.

You are not required to have a solicitor, but it is strongly advisable. A solicitor can review the prosecution evidence, identify any procedural errors, present mitigating factors to minimise your sentence, and advise on the rehabilitation course. The difference between a 12-month and an 18-month ban can be significant for your employment and daily life.