Caught Drink Driving – Can I Still Drive Until Court?
Drink driving is a very serious criminal offence, which can lead to a driving ban, a criminal record and a fine. It’s therefore unsurprising that individuals who have been caught drink driving are keen not to get into any further trouble for driving when they weren’t supposed to.
One of the most frequently asked questions by people who have been charged with drink driving is, “Can I still drive until court?”
In this blog, we’ll talk you through what will happen if you are arrested for drink driving, and when you’ll be able to drive after being charged.
What happens if you get caught drink driving?
Pull over – The first thing that will happen if you are suspected of drink driving is that the police will signal you to pull over by flashing their vehicle’s blue lights.
You are legally obliged to stop for the police. Should you refuse to pull over, you may be charged with the offences of failing to stop or dangerous driving.
Roadside breathalyser – If the police suspect that you are over the drink drive limit, they will ask you to blow into a roadside breathalyser. If the reading is under the limit, you will be allowed to continue on your journey.
Police station – If the roadside breathalyser test shows that you are over the legal drink drive limit, you will be arrested for drink driving. You will not be allowed to drive, whether that’s to take other passengers home, or for any other reason. The police will caution you and take you to the police station in their vehicle.
Once you arrive at the police station, the custody sergeant will book you into custody and read you your rights. These include the right to seek legal advice. We recommend that you get in touch with specialist drink driving solicitors at your earliest opportunity. However, you will not be allowed to wait for the solicitor to arrive before being breathalysed again, unless the solicitor is already present at the police station.
A police officer will search you, take your property away, and assign you to a cell. They will also ask you questions regarding your medical history, including personal questions about past drug use and self-harm.
Breathalysed again – Next, the police will require you to blow into a breathalyser again. If you do not blow hard enough, they will charge you with failure to give a specimen, resulting in a driving ban.
If this breathalyser result comes in at 34 or under, you will be released without charge immediately. A reading of 35 and over will result in you being charged with drink driving. If you blow over 120, the police will consider keeping you in custody, with a court appearance the next morning. In this situation, it’s especially important that you speak with specialist drink driving solicitors immediately.
Drink driving – Can I drive home from the police station?
Even if you blow less than 120 at the police station, you will be held in custody until your reading shows that you are under the legal drink drive limit of 35. Only then will you be allowed to drive home.
You will then be allowed to drive until your court date.
If you plead guilty, or are found to be guilty of drink driving at court, you will be issued with a driving ban. The length of time you are banned from driving will depend upon your breathalyser reading, any existing points on your licence, and any previous drink driving offences on your record.
If you are found guilty of drink driving, your driving ban will be effective immediately. This means that you will not be allowed to drive home from court.
You will also be issued with an unlimited fine, points on your driving licence, and possible community service.
The most serious drink driving offenders, including those who have been found guilty of the same offence in the previous 10 years, may also be imprisoned for up to 6 months.
Speak to specialist drink driving solicitors
If you’ve been arrested for drink driving, it’s essential that you obtain expert legal advice as soon as possible.
MAJ Law’s specialist drink driving solicitors have many years of experience in defending drink driving cases across the UK. Having their knowledgeable lawyers on your side will not only provide you with the reassurance that your case will be dealt with fairly, but could also help you avoid a criminal conviction for drink driving.
Get in touch with their team today to take advantage of their free consultation.
