How the Drink Driving Penalty Calculator Works
Our drink driving penalty calculator provides an estimate of the likely sentence based on your breath, blood or urine reading and the circumstances of your case. The calculations follow the Sentencing Council guidelines used by magistrates across England and Wales.
The calculator considers the level of your alcohol reading, whether this is a first or subsequent offence, and common aggravating and mitigating factors. It provides an estimated ban length, likely fine range and an indication of whether custody is a realistic possibility.
This calculator is for guidance only and does not constitute legal advice. Every case is different, and the actual sentence imposed by the court will depend on the full circumstances presented. For specific advice about your case, contact our specialist solicitors for a free consultation.
Understanding Your Reading Level
Low Range Readings
A breath reading of 36 to 59 micrograms falls in the low range. The sentencing starting point is a Band C fine and a 12 to 16 month driving ban. Community orders and custodial sentences are unlikely for first offences in this range.
The equivalent blood reading is 81 to 137 milligrams and the urine equivalent is 108 to 183 milligrams. At this level, the court may offer the drink drive rehabilitation course which can reduce the ban by up to 25 percent.
Mid Range Readings
A breath reading of 60 to 89 micrograms is treated as mid range. The starting point is a Band B community order and a 17 to 22 month ban. Unpaid work or a curfew requirement may be attached to the community order.
The equivalent blood reading is 138 to 206 milligrams and urine is 184 to 274 milligrams. At the upper end of this range, the court begins to consider whether a custodial sentence might be appropriate, particularly if there are aggravating factors.
High Range Readings
A breath reading of 90 to 119 micrograms places your case in the high range. The starting point is a 12-week custodial sentence and a 23 to 28 month driving ban. The court may suspend the custody or impose a community order as an alternative.
Readings of 120 micrograms and above are treated as the most serious. The starting point is 26 weeks custody and a 29 to 36 month ban. At this level, immediate imprisonment is a realistic possibility, and expert legal representation is essential.
Factors That Affect Your Sentence
Aggravating Factors
Aggravating factors move the sentence upwards from the starting point. These include previous convictions for drink driving or other offences, causing an accident, having passengers particularly children in the vehicle, driving for commercial purposes, and poor driving such as speeding or erratic behaviour.
Other aggravating factors include driving a large goods vehicle or public service vehicle, being on bail or licence for another offence at the time, failing to stop after an accident, and evidence of a pattern of alcohol misuse.
Mitigating Factors
Mitigating factors can reduce the sentence. These include a previously clean record, genuine remorse, the impact of the conviction on your employment, caring responsibilities, evidence that you have already sought help for alcohol issues, and cooperation with the police.
A guilty plea entered at the first opportunity attracts a one-third reduction in sentence under the Sentencing Council guidelines. Even a late guilty plea will receive some credit, though less than the maximum one-third.
Why You Should Seek Legal Advice
While our calculator provides a useful starting point, the actual outcome of your case depends on many factors that cannot be captured in a simple tool. The way your case is presented to the court, the quality of the mitigation and the specific bench of magistrates all play a role.
A specialist drink driving solicitor can often achieve a better outcome than the starting point suggests. By preparing a comprehensive mitigation bundle and presenting your case effectively, a solicitor can help secure a shorter ban, a lower fine and avoid custody where the guidelines suggest it is a possibility.
Our solicitors offer a free initial consultation to assess your case and provide advice on the likely outcome. Contact us to discuss your specific circumstances.