Drink Driving and Causing an Accident
Being involved in a road traffic accident while over the prescribed alcohol limit is one of the most serious situations a drink driver can face. The Sentencing Council guidelines treat causing an accident as a significant aggravating factor that will increase the severity of the sentence imposed by the court.
Under section 170 of the Road Traffic Act 1988, if you are involved in an accident you must stop and exchange details. Failing to do so is a separate criminal offence that carries its own penalties. If someone is injured, you must also report the accident to the police within 24 hours.
The consequences extend beyond the criminal sentence. You face civil liability for injuries and property damage, your insurance may be compromised, and additional criminal charges may be brought depending on the severity of the accident.
How an Accident Affects Your Drink Driving Sentence
Injury to Others
If another person is injured as a result of your drink driving, the court will treat this as a serious aggravating factor under the Sentencing Council guidelines. A custodial sentence becomes significantly more likely, even for a first offence with a lower alcohol reading.
Where injuries are serious, the prosecution may bring additional charges such as causing serious injury by dangerous driving under section 1A of the Road Traffic Act 1988, which carries a maximum sentence of 5 years imprisonment. If the accident results in death, the charge may be causing death by careless driving while over the prescribed limit under section 3A, carrying a maximum of life imprisonment.
Damage to Property
Causing damage to other vehicles, buildings or street furniture while drink driving is an aggravating factor at sentencing. The court will consider the extent of the damage and whether it could have caused injury to others.
You will also be civilly liable for the cost of repairing or replacing damaged property. Your insurer may cover third-party property damage but will likely refuse to pay for damage to your own vehicle and may seek to recover any amounts paid out.
Leaving the Scene
Leaving the scene of an accident is a separate offence under section 170 of the Road Traffic Act 1988. It carries a maximum penalty of 6 months imprisonment, an unlimited fine and 5 to 10 penalty points or a discretionary driving ban.
If you leave the scene of an accident while drink driving, you face prosecution for both offences. The court is likely to treat leaving the scene as a further aggravating factor when sentencing for the drink driving offence, making a custodial sentence more probable.
More Serious Charges After an Accident
Where a drink driving accident results in serious injury or death, the Crown Prosecution Service may bring charges that carry substantially higher maximum sentences than standard drink driving. The charge depends on the level of impairment, the standard of driving and the consequences of the accident.
Causing death by careless driving while over the prescribed limit under section 3A of the Road Traffic Act 1988 carries a maximum sentence of life imprisonment. This offence is tried at the Crown Court. Causing serious injury by dangerous driving under section 1A carries up to 5 years imprisonment.
Dangerous driving under section 2 of the Road Traffic Act 1988 can also be charged alongside drink driving if the standard of driving fell far below that of a competent driver. This carries a maximum of 2 years imprisonment and a mandatory minimum 12-month driving ban.
Insurance Consequences of a Drink Driving Accident
Your motor insurance policy will contain a clause relating to drink driving. If you cause an accident while over the legal limit, your insurer is obliged to pay third-party claims under the compulsory provisions of the Road Traffic Act 1988. However, they are not obliged to cover damage to your own vehicle or your own injuries.
After paying third-party claims, your insurer has the right to recover those costs from you personally through subrogation. This means you could face a substantial bill for injury and property damage claims made by other parties involved in the accident.
Your policy will almost certainly be cancelled, and you will be recorded on the Claims and Underwriting Exchange (CUE) database. This will make obtaining future insurance significantly more difficult and expensive, compounding the impact of the DR10 endorsement on your licence.
What to Do If You Have Caused an Accident
If you are involved in an accident while over the limit, your immediate priority must be the safety of anyone involved. Call emergency services if anyone is injured. Under the Road Traffic Act 1988 you must stop, provide your details and report the accident to the police if required.
Do not make admissions at the scene beyond providing the information required by law. Contact a specialist drink driving solicitor as soon as possible, ideally before any police interview. Early legal advice is critical in cases involving accidents, as the charges you face and the potential sentences are significantly more serious.
Preserve any evidence that may be relevant to your defence, including photographs of the scene, contact details of witnesses and any dashcam footage. Your solicitor will need this material to assess the strength of the prosecution case and advise you on the best course of action.