Understanding The Legal Process When Charged With Drink Driving

A driving with excess alcohol conviction can have serious implications for you and your family. A conviction, in most cases, will lead to a disqualification from driving, the minimum period being 12 months. With aggravating factors such as bad or erratic driving associated with the offence, previous convictions for similar offences or a higher alcohol? reading, the disqualification period could be much longer. Where you have a previous conviction for a drink drive related matter within the previous ten years, the minimum disqualifying period increases to three years but could be significantly more.

Where the conviction is for failure to provide a specimen for analysis or there’s been a high alcohol reading, you will be classed as a high-risk offender by the DVLA and you will not have your licence automatically returned to you at the end of the disqualification period.

Instead, you will need to satisfy the DVLA that you are a fit and proper person to drive. This may involve a medical examination, blood tests and the completion of several forms. In high-risk cases, the DVLA may decline to reissue your licence at the end of the disqualification period. As a result, you may face further delays and additional requirements before you are permitted to drive again.

When you are permitted to drive again, your insurance premiums are likely to increase significantly. In some cases, finding an insurer willing to provide cover may also prove difficult. In addition, the court is required to sentence you from anywhere from a fine to an immediate prison sentence.

Implications of a conviction

It is a significant offence and a conviction can have far reaching consequences. Many of us rely heavily on our cars to travel to and from work, so losing the ability to drive can have serious implications. For example, it may lead to a difficult conversation with your employer and, in some cases, the termination of your employment.

Here at B P Collins, we understand that despite the above, a court still has an element of discretion when handing down a sentence. We can guide you through a challenging process and look to remove some of the stress of a court hearing by representing you. Before we even reach the doors of court, we will have obtained the evidence from the police and CPS and can advise you on whether there is anything in the process that the police have undertaken that may warrant further investigation.  Because the police are asking you to provide a blood, breath or urine sample that may be used as evidence against you, they must follow clear processes. If there is a failure to strictly follow those protocols this can be damaging to their case.

Originally published 13 August 2026

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.