What Happens at a
Drink Driving Hearing
A plain English guide to the drink driving court process — from arrest and police station, to the first hearing, sentencing, and what happens after. Written by our specialist road traffic solicitors.
Key Facts at a Glance
The Court Process
Step by Step: The Drink Driving Court Process
Arrest and Police Station
After being stopped by police, you will be taken to a police station and asked to provide two breath specimens using an evidential breath testing machine (the Intoxilyzer or Lion Intoxilyzer 9000). The lower of the two readings is used for prosecution purposes. If the lower reading is between 35 and 39 micrograms per 100ml of breath, you may be offered a blood or urine test instead. You will then be charged, given a date to appear in court, and released on bail — usually with conditions not to drive until the case is resolved.
Receiving the Summons
You will receive a court summons setting out the charge against you and the date of your first hearing. This is usually in the Magistrates Court. The summons will also include the prosecution evidence — typically the breath test printout, the officer's notes, and the custody record. You should seek legal advice as soon as you receive the summons, and ideally before.
The First Hearing — Entering Your Plea
At the first hearing, you will be asked to enter a plea — guilty or not guilty. If you plead guilty, the case will usually proceed to sentencing at the same hearing or be adjourned for a pre-sentence report. If you plead not guilty, a trial date will be set — usually 4–8 weeks later. Your solicitor will have reviewed the prosecution evidence before this hearing and will advise you on the strength of any defence and the likely outcome if you plead guilty.
If You Plead Not Guilty — The Trial
A drink driving trial in the Magistrates Court is heard by three lay magistrates or a District Judge. The prosecution presents its evidence — usually the breath test results and the officer's account. Your solicitor will cross-examine the prosecution witnesses and present your defence. Common defences include procedural errors in the testing process, faulty equipment, the hip flask defence (alcohol consumed after driving), and the "not driving" defence. The magistrates then decide whether you are guilty.
Sentencing — What the Magistrates Consider
If you are convicted — whether by guilty plea or after trial — the magistrates will sentence you. They follow the Sentencing Council guidelines for drink driving, which divide cases into three bands based on the breath reading: Band A (36–59 µg), Band B (60–89 µg), and Band C (90+ µg). The higher the reading, the longer the ban and the higher the fine. The magistrates will also consider aggravating factors (such as a high reading, an accident, or a previous conviction) and mitigating factors (such as a guilty plea, genuine remorse, and personal circumstances).
The Mandatory Driving Ban
A driving ban is mandatory on conviction for drink driving — the magistrates have no discretion to avoid it. The minimum ban for a first offence is 12 months. For a second offence within 10 years, the minimum is 3 years. The magistrates can impose a longer ban depending on the level of alcohol and any aggravating factors. Your solicitor can make representations to minimise the length of the ban.
The Drink Drive Rehabilitation Course
At sentencing, the court will usually offer you the opportunity to attend a drink drive rehabilitation course (DDRC). Completing the course reduces your disqualification by up to 25% — for example, a 12-month ban becomes 9 months. The course costs around £150–£250 and must be completed before the reduced ban expires. Your solicitor will ensure the court makes this offer if it is appropriate.
After the Hearing — What Happens Next
After sentencing, your driving licence is endorsed with the conviction and the disqualification period begins immediately. You must not drive until the ban has expired and your licence has been returned. If you were a new driver (within 2 years of passing your test), your licence will be revoked and you must retake both the theory and practical tests. The conviction remains on your driving licence for 11 years and will appear on a standard or enhanced DBS check for the relevant disclosure period.
Sentencing Guidelines
What Sentence Will I Receive?
The Sentencing Council guidelines divide drink driving offences into three bands based on the breath reading. This table gives a guide to typical outcomes — actual sentences depend on individual circumstances.
| Breath Reading (µg/100ml) | Typical Ban | Typical Fine |
|---|---|---|
| 36–59 µg (just over limit) | 12–16 months | Band A (up to 50% weekly income) |
| 60–89 µg | 17–22 months | Band B (75–125% weekly income) |
| 90–119 µg | 23–28 months | Band B–C |
| 120+ µg (very high) | 29–36 months | Band C (125–175% weekly income) |
| Second offence within 10 years | Minimum 3 years | Band B–C |
Based on Sentencing Council guidelines. Actual outcomes depend on individual circumstances. This is a guide only — not legal advice.
FAQs
Frequently Asked Questions
How long does a drink driving hearing take?
A first hearing (entering a plea) typically takes 15–30 minutes. If you plead guilty and sentencing proceeds at the same hearing, allow 1–2 hours in total. A not guilty trial typically takes a full day in the Magistrates Court.
Do I have to attend court for a drink driving charge?
Yes. Drink driving is a criminal offence and you must attend court in person. Failure to attend will result in a warrant being issued for your arrest.
Can I represent myself at a drink driving hearing?
You can, but it is strongly inadvisable. A specialist solicitor will review the prosecution evidence for procedural errors, advise on the strength of any defence, present the strongest possible mitigation to minimise your sentence, and ensure the court offers the drink drive rehabilitation course. The difference between a 12-month and an 18-month ban can be significant.
What is the drink drive rehabilitation course?
The drink drive rehabilitation course (DDRC) is offered by the court at sentencing. Completing it reduces your disqualification by up to 25%. For example, a 12-month ban becomes 9 months. The course costs around £150–£250 and must be completed before the reduced ban expires.
Will I get a criminal record for drink driving?
Yes. A drink driving conviction is a criminal conviction. It will appear on a standard or enhanced DBS check for the relevant disclosure period and remains on your driving licence for 11 years.
Can I get legal aid for a drink driving case?
Legal aid is not generally available for drink driving cases in the Magistrates Court. However, PDA Law offers fixed fees for drink driving defence — starting from £1,440 inc VAT — so you know the cost upfront.
Related Guides & Pages
Drink Driving: What Happens Next
Overview of the drink driving process and what to expect.
Will I Lose My Job If Banned?
Employment consequences of a driving ban explained.
Drink Driving Defence
Our specialist drink driving defence service.
Totting Up & Driving Bans
Exceptional hardship arguments to prevent disqualification.
Our Fixed Fees
Transparent pricing for all road traffic offences.
All Driving Offences
Overview of all road traffic offences we defend.
Charged with Drink Driving?
Contact our specialist road traffic solicitors in Chester today. Fixed fees from £1,440 inc VAT — confirmed in writing before you instruct us.