For an HGV driver, a drink driving conviction can have consequences that extend far beyond a driving ban. Losing the ability to drive professionally can put employment, income and future career prospects at risk.
If you drive a HGV for a living, understanding the legal consequences of a drink driving allegation and the options available to you is important. Seeking specialist legal advice early can help you understand the charges you face and how best to approach your case.
What are the drink driving limits for HGV drivers?
In England, Wales, and Northern Ireland, the legal alcohol limit for drivers is the same regardless of whether they are driving a car, van or HGV. The prescribed limit is:
- 35 microgrammes of alcohol per 100 millilitres of breath
- 80 milligrammes of alcohol per 100 millilitres of blood
- 107 milligrammes of alcohol per 100 millilitres of urine
There is no separate, lower drink driving limit specifically for HGV drivers in England. However, professional drivers have particular responsibilities because of the size and weight of the vehicles they operate and the potential consequences of impaired driving.
It should also be remembered that alcohol can remain in your system for many hours after drinking. Being stopped the morning after a night out can still result in a drink driving prosecution if you are over the prescribed limit.
What happens to your HGV licence following a drink driving conviction?
A drink driving conviction will normally result in a mandatory driving disqualification of at least 12 months for a first offence. Longer bans can apply depending on the circumstances, including the level of alcohol involved and whether there are previous convictions.
The court may also impose a fine, community order or, in more serious cases, a custodial sentence. For HGV drivers, disqualification can mean losing the ability to undertake professional driving duties.
Even after a ban has ended, there may be additional requirements to satisfy before you can return to driving, particularly if you fall within the DVLA’s high-risk offender scheme. This can include passing a medical examination before your licence is returned.
A conviction may also remain on your driving record for 11 years, meaning employers and insurers may take it into account. For someone working in the haulage industry, this could make returning to professional driving more difficult.
Can you challenge an HGV drink driving charge?
Being charged with drink driving does not automatically mean you will be convicted. Depending on the circumstances, there may be legal grounds to challenge the prosecution’s case.
Potential issues might include:
- Whether the police followed the correct procedures when obtaining an evidential breath, blood or urine specimen.
- Whether the testing equipment was operating correctly.
- Whether there are questions about the reliability or interpretation of the evidence.
- Whether a recognised legal defence applies to the circumstances.
Every case is different, so it is important to obtain advice from a solicitor experienced in defending drink driving offences. An early assessment can help establish whether there are grounds to challenge the allegation and what approach may be appropriate.