If you’ve been pulled over on suspicion of drink driving, most of the time the police will breathalyse you at the roadside and if that comes back positive then you will be taken to the police station to provide two further samples. These samples are usually of breath, but can be blood or urine samples. If you refuse to provide a sample without a reasonable excuse, this in itself is a serious offence carrying a driving disqualification even if you weren’t over the limit. The lowest sample taken at the police station will be the one which the police will use to charge you.
If you’re convicted, the court will take into account the following factors to determine what sentence to give:
Aggravating factors (increasing seriousness of the offence):
- Previous convictions. If you have a previous conviction of drink driving (or similar offence) within the last 10 years, the driving disqualification will be a minimum of 3 years;
- Offence whilst committed on police bail;
- Carrying passengers;
- Poor road or weather conditions;
- Involved in an accident;
- High level of traffic.
Mitigating factors (reducing seriousness of the offence):
- No previous convictions;
- Genuine emergency;
- Spiked drinks;
- Very short distance driven;
- Remorse;
- Good character;
- Serious medical condition requiring urgent or long term treatment;
- Mental disorder.
Get in touch
If you’ve been charged with a drink driving offence, get in touch with our specialist criminal defence team who will guide you through the process, discuss your options and deliver the best result for you at motoring@chadlaw.co.uk or ring us on 01484 519 999. This article is for general informative purposes only, we recommend that you obtain specific advice on your circumstances.
