Caught drink driving twice in 2 months

[Lord_of_Loners]

Hi there, I was looking for some advice regarding my situation. I was caught drunk driving in November 2025 and had to appear at court in December but made no plea, therefor I was still allowed to drive until I received my disqualification. On New Year’s Day i had been at pub and made the stupid decision to drive back home. I was driving back home on a country lane probably too fast for the road and crashed the car. Within about 10 mins multiple police vehicles turned up and they were going to drive me to the police station or hospital. They decided to phone an ambulance and take me to hospital in cuffs… they took urine sample from me and I now have a second charge of s5. Whilst on bail and the aggravating factor being the fact I crashed I think I am going to be jailed. Any advice?

 

[Sad]

Hi there, I was looking for some advice regarding my situation. I was caught drunk driving in November 2025 and had to appear at court in December but made no plea, therefor I was still allowed to drive until I received my disqualification. On New Year’s Day i had been at pub and made the stupid decision to drive back home. I was driving back home on a country lane probably too fast for the road and crashed the car. Within about 10 mins multiple police vehicles turned up and they were going to drive me to the police station or hospital. They decided to phone an ambulance and take me to hospital in cuffs… they took urine sample from me and I now have a second charge of s5. Whilst on bail and the aggravating factor being the fact I crashed I think I am going to be jailed.

I don’t know if you will be jailed, I expect more likely a suspended sentence. I advise that you go to your gp and get yourself to AA the judge will look more kindly on you if you are already making active steps to address your relationship with alcohol.

If you can afford legal advice it might give you a bit of reassurance but at very least get the duty solicitor on your court date.

 

[sighingforlife]

Jail isn't a guarantee. There are cases of people being caught three times or more who avoid a custodial sentence. I would suggest that if you take steps to address your drink driving behaviour, being able to argue that the two incidents were close together but you've since taken steps to address the problematic behaviour may help. A custodial sentence is of course an option available to the court. It may also be suspended.

Ultimately you need to convince the court that a custodial sentence isn't needed to protect yourself or the public.

Unless you've got a strong defence, in which case you'll likely want to speak to a solicitor sooner rather than later, pleading guilty rather than submitting no plea or pleading not guilty will help reduce your sentence.

When you appeared in court in December, what were the alcohol readings?

Personally I think this might be one of those cases where if it were me I'd get in touch with a solicitor to help put forward a solid mitigation.

Regardless though, if you're found guilty of both offences, you're going to be banned for a few years as the second one would carry a statutory minimum ban of 3 years. You'd also be considered a high risk offender by DVLA so I'm not saying you have a drink problem but if you do, it'll need to be under control well before applying for your licence back otherwise they won't approve it on medical grounds.

 

[Lord_of_Loners]

Jail isn't a guarantee. There are cases of people being caught three times or more who avoid a custodial sentence. I would suggest that if you take steps to address your drink driving behaviour, being able to argue that the two incidents were close together but you've since taken steps to address the problematic behaviour may help. A custodial sentence is of course an option available to the court. It may also be suspended.

Ultimately you need to convince the court that a custodial sentence isn't needed to protect yourself or the public.

Unless you've got a strong defence, in which case you'll likely want to speak to a solicitor sooner rather than later, pleading guilty rather than submitting no plea or pleading not guilty will help reduce your sentence.

When you appeared in court in December, what were the alcohol readings?

Personally I think this might be one of those cases where if it were me I'd get in touch with a solicitor to help put forward a solid mitigation.

Regardless though, if you're found guilty of both offences, you're going to be banned for a few years as the second one would carry a statutory minimum ban of 3 years. You'd also be considered a high risk offender by DVLA so I'm not saying you have a drink problem but if you do, it'll need to be under control well before applying for your licence back otherwise they won't approve it on medical grounds.

Thanks for the advice, I really appreciate it. I’m from Scotland so the limit up here is stricter than England. I was 55 on the machine at the police station. Which up here is 2.5x limit. For some reason I don’t know if Scotland do suspended sentences they hand out CPO’s community payback orders mainly or ROLO which is a tag. They also have the power to mandate a treatment requirement also. Would I need to resit my driving test? After my ban? Thanks!

 

[sighingforlife]

Thanks for the advice, I really appreciate it. I’m from Scotland so the limit up here is stricter than England. I was 55 on the machine at the police station. Which up here is 2.5x limit. For some reason I don’t know if Scotland do suspended sentences they hand out CPO’s community payback orders mainly or ROLO which is a tag. They also have the power to mandate a treatment requirement also. Would I need to resit my driving test? After my ban? Thanks!

I was also in Scotland and blew in the low 70s. I was given a 12 month ban (statutory minimum), reduced to 9 on completion of the DDRS course, and a £400 fine. From reading a lot of sentences on here it seems Scotland is more reliant, at least on the fines front. I had a lot of mitigating factors, wrote an apology letter, dressed smart etc.

I'm not sure how they'll treat a second offence though.

In general though, the prisons in Scotland are over capacity in the same way they are down south. If the sheriffs locked up every drink driver there'd be an even worse problem.

 

[Guygibson]

Jails are full so get prison out your head, but do expect to get the book thrown at you magistrates don't like people who don't take any notice of the original sentence.

 

[Luna2000]

Thanks for the advice, I really appreciate it. I’m from Scotland so the limit up here is stricter than England. I was 55 on the machine at the police station. Which up here is 2.5x limit. For some reason I don’t know if Scotland do suspended sentences they hand out CPO’s community payback orders mainly or ROLO which is a tag. They also have the power to mandate a treatment requirement also. Would I need to resit my driving test? After my ban? Thanks!

I am in Scotland.

First offence, I blew124. 24 month ban & a £400 fine.

2nd offence took place 2 months after I got my licence back. I blew 96 this time (the Scottish limit is 22 for breath.) Recieved 36 month ban, reduced to 27 month on completing DD Awareness course.

You won't go to jail. You will get a hefty fine and a long ban. But as someone else has said, a prison sentence is unlikely. Scottish jails are presently over capacity anyway.

Remember to let us know how you get on.

 

[Lord_of_Loners]

I am in Scotland.

First offence, I blew124. 24 month ban & a £400 fine.

2nd offence took place 2 months after I got my licence back. I blew 96 this time (the Scottish limit is 22 for breath.) Recieved 36 month ban, reduced to 27 month on completing DD Awareness course.

You won't go to jail. You will get a hefty fine and a long ban. But as someone else has said, a prison sentence is unlikely. Scottish jails are presently over capacity anyway.

Remember to let us know how you get on.

Thank you I really appreciate the advice, in all honesty when I found the forum I wasn’t expecting genuine advice and more troll responses like other forums. I also don’t think I’ll get the jail but it’s still on my mind. More than likely due to my financial situation they might give me another CPO community payback order which I am already subject to. I got 120 hours for the first offence. I have asked before but do I need to resit my driving test? Even if I am classed as a HRO? My solicitor told me I will not need to as that’s only for dangerous driving. Thanks for the help folks.

 

[Luna2000]

Thank you I really appreciate the advice, in all honesty when I found the forum I wasn’t expecting genuine advice and more troll responses like other forums. I also don’t think I’ll get the jail but it’s still on my mind. More than likely due to my financial situation they might give me another CPO community payback order which I am already subject to. I got 120 hours for the first offence. I have asked before but do I need to resit my driving test? Even if I am classed as a HRO? My solicitor told me I will not need to as that’s only for dangerous driving. Thanks for the help folks.

You only need to re-sit your driving test if the Judge makes it a part of your sentence. Very unlikely, like 99.99% unlikely. Make sure that your solicitor asks for the Drink Driver Awareness course. If you complete this, it reduces your ban by 25%, but you need to ask for it at sentencing.

 

[Lord_of_Loners]

Hi there, I was looking for some advice regarding my situation. I was caught drunk driving in November 2025 and had to appear at court in December but made no plea, therefor I was still allowed to drive until I received my disqualification. On New Year’s Day i had been at pub and made the stupid decision to drive back home. I was driving back home on a country lane probably too fast for the road and crashed the car. Within about 10 mins multiple police vehicles turned up and they were going to drive me to the police station or hospital. They decided to phone an ambulance and take me to hospital in cuffs… they took urine sample from me and I now have a second charge of s5. Whilst on bail and the aggravating factor being the fact I crashed I think I am going to be jailed. Any advice?

Hi all, just thought I’d update you on the situation behind this post. I have now received a court date for the second offence. To my surprise I have also an additional charge of S3 careless driving attached. I am currently serving a 12 month driving disqualification and was given the opportunity to do a drink drive awareness course in February. However, I knew I would be getting done for the second incident so I did not make any attempt at starting a course if I am getting banned for longer.

Court date is set for 8 May.. I am to either plead not guilty or guilty and post the form back by the 6th. I am also getting ongoing legal advice from a solicitor who has advised to plead not guilty on the first appearance to get all the facts and present my mitigating circumstances. The reading from the urine sample was 97 and there’s another for 67 think they use the lower don’t know why there is two…

Without saying to much on here or seem like I am making an excuse for my actions.

 

[stu12341234]

Hi all, just thought I’d update you on the situation behind this post. I have now received a court date for the second offence. To my surprise I have also an additional charge of S3 careless driving attached. I am currently serving a 12 month driving disqualification and was given the opportunity to do a drink drive awareness course in February. However, I knew I would be getting done for the second incident so I did not make any attempt at starting a course if I am getting banned for longer.

Court date is set for 8 May.. I am to either plead not guilty or guilty and post the form back by the 6th. I am also getting ongoing legal advice from a solicitor who has advised to plead not guilty on the first appearance to get all the facts and present my mitigating circumstances. The reading from the urine sample was 97 and there’s another for 67 think they use the lower don’t know why there is two…

Without saying to much on here or seem like I am making an excuse for my actions.

Hi,

From what you have stated no jail for you so get that out of your head!

Keep your head up!




Stu

 

[Dan121]

Hi all, just thought I’d update you on the situation behind this post. I have now received a court date for the second offence. To my surprise I have also an additional charge of S3 careless driving attached. I am currently serving a 12 month driving disqualification and was given the opportunity to do a drink drive awareness course in February. However, I knew I would be getting done for the second incident so I did not make any attempt at starting a course if I am getting banned for longer.

Court date is set for 8 May.. I am to either plead not guilty or guilty and post the form back by the 6th. I am also getting ongoing legal advice from a solicitor who has advised to plead not guilty on the first appearance to get all the facts and present my mitigating circumstances. The reading from the urine sample was 97 and there’s another for 67 think they use the lower don’t know why there is two…

Without saying to much on here or seem like I am making an excuse for my actions.

Has there been an outcome to this?

Personally, it sounds like the solicitor was / still is (?) trying to string you along for as long as they could to ensure they got the most money from you. I have no idea how you'd escape the charge, but best of luck if you've not already had your day in court.