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Drink Driving Offence |
Maximum Punishment/Custodial Sentence
|
Prison
Sentence
|
Fine |
Driving Ban
12-36 months |
Penalty Points |
Endorsement
Code
|
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Driving or attempting to drive while unfit |
6 months |
£5,000 |
Obligatory |
3-11* |
DR20 (drink)
DR80 (drugs) |
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Driving or attempting to drive with excess alcohol |
6 months |
£5,000 |
Obligatory |
3-11* |
DR10 |
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In charge while unfit |
3 months |
£5,000 |
Discretionary |
10 |
DR50 (drink)
DR90 (drugs) |
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In charge with excess alcohol |
3 months |
£2,500 |
Discretionary |
10 |
DR40 |
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Failing to co-operate with a preliminary test |
- |
£1,000 |
Discretionary |
4 |
DR70 |
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Failing or refusing to supply an evidential specimen when "driving or attempting to drive" |
6 months |
£5,000 |
Obligatory |
3-11* |
DR30 |
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Failing or refusing to provide an evidential specimen when not "driving or attempting to drive" |
3 months |
£2,500 |
Discretionary |
10 |
DR60 |
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Failure to allow specimen to be subjected to laboratory test when "driving or attempting to drive" |
6 months |
£5,000 |
Obligatory |
3-11* |
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Failure to allow specimen to be subjected to laboratory test when not "driving or attempting to drive" |
3 months |
£2,500 |
Discretionary |
10 |
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Causing death by careless driving under the influence of drink or drugs |
14 years |
Unlimited |
Obligatory
2 years minimum |
3-11* |
CD40 (drink)
CD50 (drugs)
CD60 (excess alcohol) |
| Causing death by careless driving and then failing to supply specimen for analysis |
14 years |
Unlimited |
Obligatory
2 years minimum |
3-11* |
CD70 |
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| * No points may be imposed when offender is disqualified |
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| In theory, the fine is means tested and based on disposable income.
However, the Court must also take into account any aggravating factors/mitigation as far as the offence itself is concerned and any other punishment imposed.
It would be prudent to have details of your income and outgoings available to the Court in order that any fine imposed can be paid and is not beyond your means. |
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| Yes. When the Court decides on a fine, it will allow staggered payments if the Court feels it prudent or alternatively, it can simply set a date by which the money must be paid. |
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The Judiciary has been provided with a list of guidelines by the Lord Chancellor.
For drink driving offences, unless there are exceptional circumstances, the Court has to impose a disqualification and guidelines are given for the duration of a ban based on the level of alcohol recorded, the particular circumstances at the time of the offence and other factors to include an early plea, co-operation and mitigation on behalf of the Defendant.
However, it is extremely unlikely (although not impossible) that any mitigation put forward will avoid a ban.
The Court must also take into account any previous offences, for example, if there has been a previous drink driving conviction within 10 years, any disqualification must be a minimum of 3 years. |
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Breath Test
|
Blood Test |
Urine Test |
Ban (Months) |
Minimum Reduction*
(Months)
|
Community Service
or Custodial Sentence
|
| 35-55 |
80-125 |
107-170 |
12 |
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| 56-70 |
126-160 |
171-214 |
18 |
4.5 |
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| 71-85 |
162-195 |
215-260 |
24 |
6 |
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| 86-100 |
196-229 |
261-308 |
24 |
6 |
Consider community service |
| 101-115 |
230-264 |
309-354 |
30 |
7.5 |
Consider community service |
| 116-130 |
265-300 |
355-400 |
30 |
7.5 |
Consider custodial sentence |
| 131+ |
301+ |
401+ |
36 |
9 |
Consider custodial sentence |
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| * Reduction is based on attending a drink drive rehabilitation course. |
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The Drink Drive Rehabilitation scheme has been in place since January 2000.
The Court has the option to refer convicted offenders to the rehabilitation course.
This is entirely at the discretion of the Court but any Defendant who is given the option to attend, should do so as it would normally result in any disqualification period being reduced by not less than 3 months and not more than 25%.
To be eligible for the course, the Defendant must have been convicted of one of the following offences:
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Causing death by careless driving when under the influence of drink or drugs;
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Driving or in charge whilst unfit through drink or drugs;
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Driving or being in charge with excess alcohol;
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Failing to provide a specimen for analysis.
The cost of the course must be paid for by the Defendant, in advance, and it must be completed when a period of time is specified by the Court.
Upon satisfactory completion, a certificate will be given and the Court will notify the DVLA to update the Defendant’s record.
If for any reason the organiser of the course refuses to issue a certificate, the Defendant must receive notice of reasons behind that decision within 14 days and can then apply to the Court for that decision to be over-turned.
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Where the Court believes that the offence is “serious enough” to justify a community order, it has the power to impose community rehabilitation orders or community punishment orders or a combination of both.
For drink driving offences, a case is regarded “serious enough” for breath readings of 86 and above, blood readings 196 and above or urine readings of 261 and above. Community service will also be considered for repeat offenders. |
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| If a case is so serious that the Court believes community service is an inadequate punishment, a custodial sentence is possible.
This would normally occur for breath readings of 116 and above, blood levels of 265 and above or urine of 355 and above.
Prison is also the mandatory punishment for causing death by careless driving when under the influence of alcohol. |
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| This is a community punishment that requires an offender to remain for set periods of time at a specified place.
The time period can be between 2-12 hours a day or set for specific days only (for example weekends).
The period of curfew cannot exceed 6 months. |
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