If you are facing court for a drink-driving offence, you might feel overwhelmed. Dealing with the criminal justice system is an unfamiliar experience for many people, and it’s only natural to be uncertain about what will happen and what the court expects.
We have put together this mini guide to help you understand the process in advance, allowing you to feel more prepared and confident. We will discuss what you can expect from the process before court, proceedings on the day itself, and what will happen after a decision is made.
Before court
Typically, the timeline before court looks like this:
Evidence review
Ahead of the court date, the prosecution will review the evidence against you. This usually includes examining breath, blood or urine test results, as well as police statements, and details of how you were stopped by police.
It’s important to note that this evidence isn’t always flawless. There are requirements that must be met regarding testing procedures, calibration of equipment, and your legal rights, and errors may affect the strength of the case.
Plea decision
Whether you plead guilty or not is an important decision. You shouldn’t rush into it, even if the case appears straightforward initially. There could be valid grounds to challenge the evidence or how the evidence was obtained, irrespective of a high reading.
Preparation
You must be fully prepared for court. Gather relevant documents and make sure that you understand the potential penalties you face.
If you are pleading not guilty, preparation may focus on minimising the impact of sentencing, and preparation involves building a defence and identifying weaknesses in the prosecution’s case. For those pleading guilty, preparation may focus on minimising the impact of sentencing.
At court (guilty plea)
In court, if you plead guilty, expect the following:
Formal hearing
If you plead guilty, the hearing is usually shorter. The court will confirm the details of the offence and your plea. You may be asked to confirm your name, address, and date of birth. In many cases, you won’t be asked to give evidence.
Sentencing
The facts will be outlined before the court moves straight on to sentencing. In considering the length of the sentence, the judge or magistrates will take into account the nature of the offence, along with your driving record and any mitigation (that is, factors presented to the judge that may support an argument for a lighter sentence). Mitigation factors may include family or employment responsibilities.
Penalties
The penalties for drink driving may vary according to any previous convictions the driver has, their alcohol level, and the context of the offence.
Penalties can include a fine, driving ban, or community service. In serious cases, custody may be ordered.
Note that if you do plead guilty, it is not guaranteed that your sentence will be reduced.
At court (not guilty plea)
Here are some aspects to consider if you plead not guilty:
Trial
If you plead not guilty, the case will usually be adjourned to a later date for trial. The trial will require the prosecution to prove the case beyond a reasonable doubt. In doing this, the prosecution may present test results or call police officers to give evidence.
At the trial, the defence may call witnesses to cross-examine and challenge the reliability of the evidence.
Verdict
The court will hear all the evidence and then decide on whether you are guilty or not guilty. If you are found guilty, you may be sentenced immediately, or, sentencing may be put back (adjourned) to a later date.
If you are found not guilty, the case will end and you will not be given a penalty.
Key outcomes and important considerations
Let’s set out the key outcomes of going to court for drink driving:
Mandatory ban
In the UK, a driving ban is usually mandatory for drink driving offences, and the length will depend on the seriousness of the offence and any previous convictions.
Fines & custody
Most cases result in a fine, but for repeat behaviour or serious offences, custody may be the result.
Rehabilitation
Drink driving rehabilitation courses are often offered, and completing one can reduce the length of a ban.
You must get proper legal advice, from professionals such as dangerous driving solicitors, if you are charged with a drink driving offence. Remember that drink driving law is technical, and small details can make a big difference to the outcome.
A strong defence can be successful in challenging evidence or procedures, even with high readings. And finally, note that unlike some other offences, your sentence will not be automatically reduced if you make an early guilty plea. For this reason, making informed decisions during the process is vital.