Being arrested for drink driving is a serious matter. Police may arrest a suspect if they have reasonable grounds to believe someone is in charge of a car while under the influence. You may feel anxious, confused, or unsure about what’s going to happen. From roadside tests and breath samples to court appearances and criminal proceedings, it’s a process that can quickly become overwhelming.
Motoring solicitors are here to help. They deal with road traffic offences daily and understand the legal, practical, and emotional impact these cases can have. Whether you’re accused of being in charge of a vehicle after drinking, unsure about the alcohol limit, or facing multiple charges, getting early legal advice is one of the most important steps you can take.
Solicitors like 1 Motoring Solicitors offer expert support for drivers in situations just like yours—helping you respond appropriately and prepare for what’s ahead.
What Should You Do After Being Arrested for Drink Driving?
If you’ve been taken to a police station, you’ll likely be asked to complete a breath test or provide a blood or urine specimen. From the moment of arrest, your actions can affect the outcome of your case.
Here’s what you should do next:
- Ask to speak to a solicitor immediately — this is your right
- Take note of the time of arrest, any tests conducted, and what was said to you
- Keep any paperwork or receipts from the breathalyser, blood test, or urine specimens
- Don’t admit guilt or offer explanations until you’ve received proper advice
- Contact a motoring solicitor as soon as possible
- If you’re required to provide a sample, follow police instructions carefully
There’s a direct connection between police suspicion and your legal obligation to provide samples. Prompt action allows your solicitor to check for errors in police procedure, examine the evidence, and prepare your defence. You may be released on bail pending laboratory results.
Understanding Police Procedure After a Drink Driving Arrest
After arrest, you’ll usually be taken to the station for further investigation. Police must follow proper procedure, which begins with confirming your identity and informing you of your rights, including your right to a solicitor.
You’ll be asked to give a breath, blood, or urine sample to test your alcohol level. Breath tests must be taken using approved devices. Blood or urine samples must be collected by qualified medical professionals.
If the police fail to follow these steps correctly, or if they don’t clearly explain your rights, this can affect the outcome of your case. A solicitor can challenge evidence that was obtained improperly.
Evidential Testing: Breath, Blood, and Urine Samples
These tests are crucial in proving if you were over the legal limit:
- Breath test: Most common. Two samples are usually taken.
- Blood test: Used if breath test isn’t possible or results are disputed.
- Urine test: Less common, used in specific situations.
The legal limit is:
- 35 micrograms of alcohol per 100ml of breath
- 80mg of alcohol per 100ml of blood
All samples are sent to accredited labs. If there are problems with the testing process, your solicitor may be able to challenge the results.
1. Drink Driving
This is one of the most serious and common driving offences. A conviction often leads to a driving ban, a fine, and a criminal record. The offence can also include driving under the influence of drugs or excess alcohol.
How solicitors help:
- Assess the reliability of test results and timing
- Check police followed the Road Traffic Act
- Identify mitigating factors like a medical condition or genuine emergency
- Prepare a strong plea in mitigation
- Advise if a warrant is issued for missing court or bail breaches
2. Failing to Provide a Specimen
You can be charged for refusing to give a sample, even if you weren’t driving at the time.
How solicitors help:
- Confirm if police acted lawfully
- Argue if you had a reasonable excuse (e.g., panic attack or asthma)
- Ensure your rights were respected
- Review strength of the criminal evidence
3. Careless Driving
Careless driving means driving below the standard expected of a competent driver. It can be linked to alcohol, distractions, or poor judgment.
How solicitors help:
- Review police reports, footage, and witness statements
- Assess road and weather conditions
- Determine if your driving genuinely fell below the expected standard
- Argue for reduced penalties where appropriate
4. Using a Mobile Phone While Driving
Holding or using a phone while driving is illegal and can lead to points and fines.
How solicitors help:
- Assess if the police properly identified the offence
- Clarify if you were using a phone or another device
- Challenge vague or inconsistent reports
- Consider circumstances that might affect the case
5. Failing to Identify the Driver
As the registered keeper, you’re legally required to identify the driver if asked.
How solicitors help:
- Confirm if the Notice of Intended Prosecution was issued correctly
- Advise on what to do if more than one person had access to the vehicle
- Prove you took reasonable steps to identify the driver
- Prepare your defence for magistrates court if needed
Challenging the Prosecution: How Motoring Solicitors Defend You
Motoring solicitors don’t just explain the law — they actively challenge the case against you. From checking how the evidence was gathered to reviewing test reliability, they’ll ensure everything was done by the book.
They can also:
- Highlight mitigating circumstances
- Argue against unfair penalties
- Push for reduced sentence or disqualification
- Help you avoid a criminal conviction where possible
What Penalties Could You Face?
If convicted of drink driving, you could face:
- Minimum 12-month driving ban
- An unlimited fine
- Up to 6 months in prison
- A permanent criminal record
- Higher insurance premiums
- Possible job loss
- Required attendance at a rehabilitation course
Your solicitor can help reduce the severity of the outcome.
Case Examples
- Example 1:
You fail a breath test. You ask for a blood test due to a health condition, but it’s refused. Your solicitor identifies a breach in procedure — the case is dropped. - Example 2:
You refuse a breath sample due to a panic attack. Medical records confirm this. Your solicitor proves a reasonable excuse — penalty reduced. - Example 3:
You’re accused of using your mobile phone while driving. There’s no clear evidence. Your solicitor challenges the claim — the case is dismissed.
Final Thought
If you’ve been arrested for drink driving or charged with a road traffic offence, don’t go through it alone. The stakes are high, and mistakes can follow you for years.
A motoring solicitor gives you the best chance of protecting your licence, your job, and your future. Early advice can make all the difference — even if you’re unsure what to do next, a quick consultation can give you clarity and direction.
Frequently Asked Questions
Will I lose my licence if convicted of drink driving?
Yes. A ban of at least 12 months is typical. You may reduce this by completing a rehabilitation course.
Do I need to attend court in person?
Usually, yes. Most cases go to the magistrates court, and your presence is required unless advised otherwise.
Can I plead guilty and still avoid a ban?
Possibly. Your solicitor can help argue for mitigating factors and propose alternatives.
What if I didn’t know I was over the limit?
That won’t stop a conviction, but it could influence sentencing. A solicitor will advise you.
Can I go to prison for drink driving?
It’s possible for repeat or serious offences. Most first-time offenders receive a ban and fine.