First Time Drink Driving Offence UK - What Happens Next

Facing first drink driving charge? Complete guide to penalties, ban lengths, defences and costs. Expert solicitors reduce first-time penalties. Call today.

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You’ve been pulled over, you’ve blown over the limit, and now you’re facing a first time drink driving offence UK prosecution. Your mind is racing with questions. Will I go to prison? How long will I lose my licence? Will I lose my job? What do I tell my family?

Take a breath. A first time drink driving offence UK is serious, but it’s not the end of the world. Thousands of people face these charges every year, and most don’t go to prison. Most keep their jobs. Most rebuild their lives.

At Scarsdale Solicitors, we’ve represented countless first-time drink drivers across England and Wales. We know how frightening this feels, and we know how to get you the best possible outcome. This page explains exactly what happens with a first time drink driving offence UK, what penalties you’re facing, and how a solicitor can help.

Need to talk now? Call +44 (0) 161 660 6050 for confidential advice about your first time drink driving offence UK.

What Counts as a First Time Drink Driving Offence UK?

Under UK law, you commit a drink driving offence if you drive or attempt to drive a motor vehicle while over the legal alcohol limit. The limit in England and Wales is currently: slaterheelis

  • 35 micrograms of alcohol per 100 millilitres of breath

  • 80 milligrams of alcohol per 100 millilitres of blood

  • 107 milligrams of alcohol per 100 millilitres of urine

Note: The government has proposed reducing the drink-drive limit in England and Wales to 22 micrograms of alcohol per 100ml of breath (matching Scotland’s current limit) as part of new road safety measures announced in January 2026. This change has not yet been implemented but is under consultation. nationwidevehiclecontracts

If you’re reading this page, you’ve likely already failed a roadside breath test and been charged. Your first time drink driving offence UK will proceed through the magistrates’ court, where you’ll either plead guilty or contest the charge.

Being a “first time” offender matters because courts treat you differently from repeat offenders. Without previous drink driving convictions, you won’t face the enhanced penalties that apply to those who’ve been caught before. But that doesn’t mean the consequences are light.

Drink Driving Solicitors

First Time Drink Driving Offence UK Penalties

The penalties for a first time drink driving offence UK depend on how far over the limit you were. The Sentencing Council guidelines put offenders into categories based on their breath reading. gov

Lower Level (36-59 microgrammes in breath)

If your reading was in this range, you’re at the lower end of drink driving. That doesn’t mean courts take it lightly, but your penalties will be towards the minimum.

For a first time drink driving offence UK at this level, expect:

  • A driving ban of 12-17 months

  • A fine (potentially up to £5,000 or unlimited)

  • Possible community order

  • 10 penalty points if you avoid disqualification (rare)

Most first-time offenders at this level receive a 12-month ban and a fine. Prison is extremely unlikely unless there are serious aggravating factors. gov

Medium Level (60-89 microgrammes in breath)

This is the middle ground – clearly over the limit but not dramatically so. Courts see this as more serious than lower-level offending. [olliers]​

Penalties typically include: [olliers]​

  • A driving ban of 17-22 months

  • A higher fine or community order

  • Possible short prison sentence (usually suspended)

  • 10 penalty points if disqualification isn’t imposed

A community order might require you to complete unpaid work, attend programmes, or submit to supervision. A suspended sentence means you avoid prison unless you commit another offence during the suspension period.

Higher Level (90-119 microgrammes in breath)

Breath readings in this range put you in serious territory. At this level, imprisonment becomes a realistic possibility even for a first time drink driving offence UK.[olliers]​

Expect:[olliers]​

  • A driving ban of 23-28 months or longer

  • A community order or custodial sentence

  • Significant fine alongside other penalties

10 penalty points if somehow you avoid a ban

Very High Level (120+ microgrammes)

Readings of 120 micrograms and above represent the most serious category. Very high readings make prison more likely, even for first-time offenders. However, with proper mitigation, many defendants receive suspended sentences or community orders instead.[olliers]​

Call +44 (0) 161 660 6050 to discuss your reading and likely penalties.

Understanding Maximum Penalties

It’s important to understand the maximum penalties you could face for a first time drink driving offence UK:

  • Imprisonment: Up to 6 months

  • Fine: Unlimited (previously capped at £5,000, now potentially unlimited)

  • Driving ban: Minimum 12 months (3 years if convicted twice within 10 years)

These are maximums – most first-time offenders receive penalties well below these levels, particularly if their reading was in the lower range.

The Court Process for First Time Drink Driving Offence UK

Understanding what happens next helps you prepare. Here’s the typical timeline for a first time drink driving offence UK:

The charge and release

After failing the evidential breath test at the police station, you’ll be charged with drink driving. Police usually release you on bail to attend court at a later date. You’ll receive paperwork confirming the charge and your court date.

Pre-court preparation

Before your hearing, gather documents that help your case: character references, evidence of employment, medical records if relevant, and anything showing your personal circumstances. If you’re instructing a solicitor, do this early so we can prepare proper mitigation.

The magistrates’ court hearing

First time drink driving offence UK cases are heard in magistrates’ courts. You’ll appear before either a district judge or a panel of three magistrates.

If you’re pleading guilty (which is appropriate if you were over the limit and there’s no procedural defence), the hearing is straightforward. The prosecutor outlines the facts, your solicitor presents mitigation, and the magistrates decide your sentence.

Sentencing

Magistrates may sentence you immediately or adjourn for a pre-sentence report. For most first-time offenders, they’ll be sentenced on the day.

When they announce your sentence, pay attention to the exact terms of your ban and any conditions attached to other orders. If you don’t understand something, ask your solicitor or the court clerk.

Can You Avoid a Driving Ban for First Time Drink Driving?

Almost certainly not. The law requires courts to disqualify anyone convicted of drink driving for at least 12 months. This is a mandatory minimum for a first time drink driving offence UK.

There is a legal concept called “special reasons” that can, in theory, allow a court to avoid disqualification or reduce it below 12 months. But special reasons are extremely limited:

  • You genuinely didn’t know you were over the limit (rare and hard to prove)

  • You drove only a very short distance in an emergency

  • Your drinks were spiked without your knowledge

  • You drove to escape a genuine threat

Simply needing your licence for work, childcare, or convenience does not count as a special reason. Courts hear these arguments daily and reject them. Only genuinely exceptional circumstances qualify.

If you believe special reasons might apply to your case, speak to a solicitor immediately. These arguments require careful preparation and strong evidence.

Why Choose Scarsdale Solicitors for Your First Time Drink Driving Offence UK

Shazia Ali and the team at Scarsdale Solicitors have represented hundreds of first-time drink drivers. We know how magistrates think, what mitigation works, and how to get the best possible outcome.

What we offer

  • Free initial consultation to assess your case

     

  • Fixed fees with no hidden costs

     

  • Representation at courts across England and Wales

     

  • Experience with complex special reasons arguments

     

  • Support with professional and employment implications

     

We treat every client with respect and without judgment. A first time drink driving offence UK doesn’t define you, and we’re here to help you move past it.

Contact Scarsdale Solicitors today:

Phone: +44 (0) 161 660 6050

Address: Reeds House, 3-4 Hunters Lane, Rochdale, OL16 1YL.

We represent clients nationwide across England and Wales.

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Frequently Asked Questions About First Time Drink Driving Offence UK

Understanding offences and process helps you make informed decisions about your future.

For a first time drink driving offence UK, you'll receive a minimum 12-month driving ban, a fine (potentially unlimited), and 10 penalty points endorsed on your licence. Higher readings can result in longer bans, community orders, or suspended prison sentences.

Prison is unlikely for most first-time offenders unless your reading was very high (120+ microgrammes) or there were aggravating factors like causing an accident. Most defendants receive fines or community orders.

The minimum ban for a first time drink driving offence UK is 12 months. Depending on your reading, bans typically range from 12-28 months or longer. Completing a Drink Drive Rehabilitation Course can reduce your ban by up to 25%.

Virtually impossible. Disqualification is mandatory for drink driving. Only "special reasons" can avoid or reduce the minimum ban, and these are extremely limited - things like genuinely not knowing you were over the limit or drinks being spiked.

A course you can choose to complete that reduces your driving ban by up to 25%. Courts offer this at sentencing. The course costs around £150-250 and involves about 16 hours of sessions covering alcohol education.

Yes. Drink driving convictions become spent after specific rehabilitation periods under the Rehabilitation of Offenders Act 1974. For most first-time drink driving offences without a custodial sentence, the rehabilitation period is 5 years from the date of conviction. Once spent, you generally don't need to disclose the conviction for most purposes. However, the conviction remains on your driving record for 11 years from the date of conviction.

Generally yes. A single drink driving conviction is typically not considered a crime involving moral turpitude by US immigration authorities. Most people with a simple drink driving offence can still travel to the USA using ESTA or standard visa processes. However, if your offence involved injury, significant property damage, or you have multiple convictions, seek specialist immigration advice before travelling.

Significantly more than before. Most insurers triple or quadruple premiums for convicted drink drivers. Some refuse cover entirely. Shop around using specialist brokers for convicted drivers to find the best rates.

Refusing a breath test without a reasonable excuse is a separate offence carrying the same penalties as drink driving itself. You'll face a minimum 12-month ban and potentially imprisonment.

If you were over the limit and there's no procedural defence, pleading guilty usually makes sense. Guilty pleas receive a sentencing discount of up to one-third, and contesting a case you can't win wastes money and extends the stress.

Only by completing the Drink Drive Rehabilitation Course, which can reduce your ban by up to 25%. There's no other way to get your licence back before your ban ends.

The conviction stays on your driving record for 11 years from the date of conviction. Under the Rehabilitation of Offenders Act, driving endorsements become spent after 5 years for adults. Once spent, you generally don't need to disclose it for most purposes.

Currently 35 microgrammes of alcohol per 100ml of breath, 80 milligrammes per 100ml of blood, or 107 milligrammes per 100ml of urine in England and Wales. Scotland has a lower limit of 22 microgrammes in breath. The government is considering reducing the England and Wales limit to match Scotland's.

Not if police suspended your licence at the station, which they often do for high readings. Check your paperwork carefully. Driving while suspended or disqualified is a serious further offence.

Legal grounds that can persuade a court not to disqualify you or to reduce the disqualification below the minimum. Examples include spiked drinks, driving a very short distance in an emergency, or genuine ignorance of being over the limit. Special reasons are rarely successful.

Ask employers, colleagues, community members, or religious leaders who can speak to your good character. References should be written, signed, and dated. They should confirm the writer knows about the charge and still vouches for your character.

Often yes, unless you drive for work. Many employers take a pragmatic approach to first-time offences. Proactive disclosure to your employer before the conviction often goes better than them finding out later.

A sentence served in the community instead of prison. It might require unpaid work, programme attendance, curfews, or supervision. Breaching a community order can result in imprisonment.

A prison sentence that you don't have to serve unless you commit another offence during the suspension period. For example, "12 weeks imprisonment suspended for 12 months" means you avoid prison unless you offend within 12 months.

Not always necessary for straightforward cases with low readings and guilty pleas. But for high readings, potential prison, special reasons arguments, or professional implications, legal representation significantly improves outcomes.

Take the First Step

A first time drink driving offence UK feels overwhelming, but you don’t have to face it alone. Every day you wait is a day without proper preparation. The sooner you get advice, the better your outcome is likely to be.

Our team is ready to help. We’ve seen every type of drink driving case, and we know how to get results.

Call Scarsdale Solicitors on +44 (0) 161 660 6050 for your free consultation.

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I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs

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