Being Released Under Investigation: What You Need to Know

If you’ve been released under investigation by the police following an alleged motoring offence, you may feel uncertain about what’s happening next. Being in this position doesn’t mean you’ve been charged with a crime — but it also doesn’t mean the matter is over. In fact, it’s often the beginning of a process where further evidence is gathered before a decision is made on whether to charge you.

In this blog, we’ll explain what being released under investigation means, what to expect during this time, and why it’s important to get legal advice early.

What Does Being Released Under Investigation Mean?

When the police release you under investigation, it means they suspect an offence has been committed but need more evidence before making a formal charging decision.

This is typically used in cases where:

• The police need to conduct further interviews
• Evidence needs to be reviewed or tested (e.g., blood or urine samples)
• The investigation is ongoing

You’re not being charged at this stage, but you are still part of an ongoing investigation.

A Common Example: Drug Driving

A common situation in which people are released under investigation is in drug driving cases. If you’re suspected of driving under the influence of drugs, the police will usually:

• Take a blood or urine sample at the scene or at the police station
• Release you under investigation while awaiting the test results
  
  

Until the results of the test come back, you will remain under investigation.

What Happens When You’re Released?

When you’re released under investigation, you’ll typically receive paperwork. Keep this paperwork safe as it contains important details, including:

• Police contact details
• Reference numbers for your case
• The details of the offence being investigated
  
  

This paperwork is useful for contacting the police, as it allows them to find your case more easily. This helps when obtaining information, and even evidence, at the early stages. 

What Is Police Bail?

In some cases, you may be released on police bail rather than under investigation.

This means you will be required to return to the police station on a particular date.

Bail may come with conditions and it is crucial you comply with them.

For most offences, especially driving offences, bail is unconditional. 

Police Interviews During the Investigation

During the investigation, the police may ask you to return to the station for an interview. Typically, this interview is voluntary, but it’s important to understand your rights.

See our previous blog, Police Station Interviews: What to Expect, for more detailed information on how to prepare for this.

You don’t have to attend an interview without legal representation, and we strongly recommend seeking legal advice before agreeing to speak with the police.

Independent Testing of Your Blood or Urine Sample

If your case involves a blood or urine sample, the police should offer you part of the sample to take with you. You can have this tested independently at a laboratory of your choice.

If you accepted the sample, the police should provide you with:

• Details of approved laboratories where you can get the test done
• Information about how to proceed with independent testing
  

Should You Wait or Seek Legal Advice?

You have two choices after being released under investigation:

• Wait and see what happens
• Seek legal advice as soon as possible
  
  

At Verida Legal, we believe it’s crucial to seek legal advice early. We handle many cases before charge because it can be extremely beneficial to your defence. The earlier we get involved, the better positioned we are to help you.

Why Early Legal Intervention Matters

At the pre-charge stage, we take proactive steps by writing to the police to request crucial information, such as:

• Any available evidence in your case
• Your custody record
• Retention of any video footage

This ensures that crucial evidence is preserved, and we can start looking at all options for your defence early on. Taking action at this stage can help strengthen your case and prepare for any future hearings.

The Role of the Crown Prosecution Service (CPS)

The police will typically refer your case to the Crown Prosecution Service (CPS) for charging advice. This is a crucial stage:

• The CPS considers whether the police should charge you or take no further action.
• The police often await CPS advice before making a final decision.

This stage is critical because it determines whether you will face charges or whether the investigation is closed.

No Further Action: A Successful Outcome

If the police decide to take no further action, the case is dropped and you won’t have to go to court.

Our solicitors have successfully handled many cases where early intervention and our involvement in the process led to the police deciding to take no further action.

If no further action is taken, this means you will avoid a criminal charge and do not need to attend court.

Being Prepared if You Are Charged

If the police do decide to charge you, having a solicitor involved early ensures that you are fully prepared.

Once charged, you will typically receive a court date within the next 2-3 weeks. If we’ve been instructed earlier, we will have a headstart and will know more about your case.

Final Thoughts: The Importance of Early Legal Advice

If you’ve been released under investigation, it can feel uncertain and stressful. But taking early action to secure specialist legal advice can significantly improve your chances of achieving a positive outcome.

At Verida Legal, we believe in early intervention, and we specialise in handling cases before charge. Contact us today to ensure your case is in the best possible hands.

Call us for free initial advice and start your defence today.

Call For A Free Consultation

01942 364493

✅ Drink Driving     

✅ Drug Driving           
✅ Dangerous Driving

✅ Speeding
✅ No Insurance       

✅ Using A Mobile       

If you are facing any driving offence, please get in touch. Our solicitors are always happy to provide you with free initial advice.

Driver Defence Solicitors for England & Wales