Can You Drive After Being Arrested for Drink Driving?
In most drink driving cases, you can continue to drive until your court hearing. The police do not have the power to impose a driving ban at the roadside or police station. Only the court can disqualify you from driving, and that happens at the sentencing stage.
When you are released from the police station after being charged with drink driving, you will typically be given a date to attend the magistrates court. Between the date of arrest and the court hearing, you are legally entitled to continue driving provided you hold a valid licence and are not over the limit.
There are important exceptions to this general rule. Understanding when the police can take your licence immediately is essential to avoid committing a further offence by driving when you are not permitted to do so.
When Police Can Take Your Licence Immediately
Immediate Roadside Ban
Under section 96 of the Road Traffic Offenders Act 1988, police can impose an immediate ban in certain circumstances for very high readings. If your breath reading is 87.5 micrograms or above, or if you refuse to provide a specimen, the police may revoke your licence on the spot under specific powers.
In practice, immediate roadside bans are uncommon for standard drink driving cases. The police will typically release you on bail to attend court. However, it is important to check your bail conditions carefully.
Bail Conditions
When you are charged and bailed to appear at court, the police may attach conditions to your bail. These conditions cannot include a driving ban as such, but they could include conditions that effectively restrict your ability to drive, such as a curfew.
If you are released under investigation rather than charged immediately, there will be no formal bail conditions. You remain free to drive until a decision is made on whether to charge you. This process can take several weeks.
Provisional Licence Holders
If you hold a provisional driving licence, the rules are the same. You can continue to drive on your provisional licence until the court imposes a ban. However, you must still comply with the conditions of a provisional licence, including displaying L plates and being accompanied by a qualified driver.
New drivers who passed their test within the previous 2 years face additional consequences. Under the Road Traffic (New Drivers) Act 1995, accumulating 6 or more penalty points results in automatic revocation of the licence. A drink driving conviction typically carries 3 to 11 points.
How Long Until Your Court Date
After being charged at the police station, you will be given a date to appear at the magistrates court. This is typically within 2 to 4 weeks of the date of charge, though it can be longer depending on the court listing.
During this period you can continue to drive. Many people are anxious about driving after being charged, but there is no legal restriction unless specific bail conditions have been imposed. You should ensure you are sober before driving and carry your driving licence.
If you need to travel for work or family commitments, you are free to do so. Make use of this time to arrange legal representation and gather any documents that may help your solicitor prepare your case.
What Happens to Your Licence at Court
When you appear at court and are convicted, the driving ban takes effect immediately. The court will ask you to surrender your driving licence at the hearing. If you do not have it with you, you will be ordered to produce it at a nominated police station within a specified period.
From the moment the court pronounces the disqualification, you must not drive. Driving while disqualified is a separate criminal offence under section 103 of the Road Traffic Act 1988, carrying up to 6 months imprisonment and a further period of disqualification.
If you are pleading not guilty and the case is adjourned for trial, you can continue to drive until the trial takes place. It is only upon conviction that the ban is imposed. An acquittal means no ban is imposed at all.