What Happens If It Is Your First Offence?
If this is your first drink driving offence, you will be charged under section 5(1)(a) of the Road Traffic Act 1988 and bailed to appear at the magistrates court. First-time offenders are treated less severely than repeat offenders, but the offence still carries a mandatory minimum 12-month driving ban and a criminal record.
At court, the magistrates will consider the level of your reading, any aggravating or mitigating factors, and whether you entered a guilty plea at the earliest opportunity. Most first offences are dealt with in a single hearing if you plead guilty. The entire process from charge to sentence typically takes 4 to 8 weeks.
Having no previous convictions is a significant mitigating factor. The court will take into account your good character when deciding the length of the ban and the level of the fine. A specialist solicitor can present this and other mitigation effectively.
Likely Penalties for a First Offence
Low Reading
A low reading is classified as 36 to 59 micrograms of alcohol in breath, or 81 to 137 milligrams in blood. For a first offence at this level, you can expect a 12 to 16-month driving ban and a fine based on your weekly income. A Band B fine is typically 100 percent of relevant weekly income.
Community orders and custodial sentences are very unlikely at this level for a first offence. The court is most likely to offer the drink drive rehabilitation course, which can reduce the ban by up to 25 percent. With effective mitigation, you may achieve a ban at the lower end of the range.
Mid-Range Reading
A mid-range reading is 60 to 89 micrograms in breath, or 138 to 206 milligrams in blood. The starting point for a ban at this level is 17 to 22 months. The fine is likely to be a Band C fine of 150 percent of relevant weekly income. A community order with unpaid work or a curfew is possible.
At this level, the court may still offer the drink drive rehabilitation course. Effective mitigation from a solicitor can make a meaningful difference to the ban length. Employment impact, family responsibilities and evidence of remorse are all relevant factors.
High Reading
A high reading is 90 micrograms or above in breath, or 207 milligrams or above in blood. Readings at this level attract bans of 23 months or more. At 120 micrograms and above, the sentencing guidelines indicate a starting point of 12 weeks' custody.
A custodial sentence is a realistic possibility at this level, even for a first offence. However, many first offenders with high readings avoid prison with effective mitigation. A specialist solicitor can present evidence that persuades the court to suspend the sentence or impose a community order instead.
Drink Drive Rehabilitation Course
The court may offer you the opportunity to attend a drink drive rehabilitation course. The course is designed to educate offenders about the risks of drink driving and reduce the likelihood of reoffending. If you complete the course, your disqualification period is reduced by up to 25 percent.
The course typically costs between 150 and 250 pounds, payable by the offender. It involves attending sessions over several weeks covering the effects of alcohol on driving, the law and personal responsibility. You must complete the course before the reduced disqualification date or you will not receive the reduction.
Acceptance onto the course is at the court's discretion. It is not available in all cases, and the court may decline to offer it where the reading is very high or there are serious aggravating factors. Your solicitor can request that the court consider offering the course.
Can You Avoid a Ban for a First Offence?
The driving ban for drink driving is mandatory. The court cannot impose penalty points instead of a ban unless it finds special reasons not to disqualify. Special reasons are specific mitigating circumstances directly connected to the offence, such as laced drinks, a genuine emergency or driving a very short distance.
If you have a viable defence, such as challenging the reliability of the breath test or identifying procedural errors by the police, a not guilty plea could result in acquittal and no ban at all. However, this requires strong evidence and specialist legal advice.
Why You Should Get Legal Advice
A first drink driving offence is a criminal matter with serious consequences. A conviction results in a criminal record, a mandatory driving ban and a substantial fine. It can affect your employment, your insurance premiums and your ability to travel to certain countries. The stakes are too high to navigate without professional advice.
A specialist drink driving solicitor will review the evidence against you, advise on whether a defence is available, prepare effective mitigation for sentencing and represent you at court. Early legal advice ensures that potential defences are identified before evidence is lost and that your case is presented in the strongest possible terms.