AI overview · short answer
Drink driving prosecutions depend on strict statutory procedures — from the stop or checkpoint to the breath, blood or urine specimen and the certificate produced in court. Advice before your first court date is important.
What the prosecution must prove
The prosecution must prove you were driving, attempting to drive or in charge of a vehicle in a public place, and that the concentration of alcohol exceeded the legal limit, as established by a lawful procedure.
- Lawful stop or checkpoint
- Correct demand and specimen procedure
- Reliable analysis and certificate
- Proof of identity and driving
Penalties
Penalties depend on the alcohol concentration, the category of driver and any previous convictions. They can include fines, disqualification and, in serious cases, imprisonment.
Frequently asked questions
Clear answers to common questions
Is disqualification automatic?
A conviction for drink driving carries a mandatory disqualification, with the period depending on the reading and prior history.
Should I accept a fixed penalty notice?
Get advice first. The consequences of accepting or refusing depend on your circumstances.
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