Does Drink Driving Give You a Criminal Record?
Yes. Drink driving is a criminal offence under section 5 of the Road Traffic Act 1988. A conviction at the magistrates court results in a criminal record that is recorded on the Police National Computer (PNC).
This criminal record exists regardless of the sentence imposed. Whether you receive a fine, community order or custodial sentence, the conviction is recorded in the same way. It will appear on criminal record checks and can affect employment, travel and other areas of your life.
Many people are surprised to learn that a drink driving conviction carries the same criminal record consequences as other criminal offences. It is not treated differently simply because it is a motoring offence.
How Long Does a Drink Driving Criminal Record Last?
A drink driving conviction remains on the Police National Computer indefinitely. It is never fully deleted from the system. However, the Rehabilitation of Offenders Act 1974 provides a mechanism by which convictions become "spent" after a specified period.
Once a conviction is spent, it is treated as though it never occurred for most purposes. You are generally not required to disclose a spent conviction to employers, insurers or other organisations, with certain exceptions for regulated professions and roles involving children or vulnerable adults.
The Rehabilitation of Offenders Act
The Rehabilitation of Offenders Act 1974 governs how long a conviction remains unspent. The rehabilitation period depends on the sentence imposed, not the offence itself. For drink driving, the most common sentences are fines and community orders, each with different rehabilitation periods.
The Act was amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which reduced the rehabilitation periods for many sentences. Under the current rules, a fine becomes spent after 1 year, and a community order becomes spent after 1 year from the date the order ends.
Custodial sentences of up to 6 months become spent after 2 years. Sentences of 6 to 30 months become spent after 4 years. These periods run from the end of the sentence, including any licence period.
When Is a Drink Driving Conviction Spent?
For the most common drink driving outcome of a fine and driving ban, the conviction becomes spent 1 year after the date of conviction. If a community order is imposed, the conviction becomes spent 1 year after the order ends.
If a custodial sentence of up to 6 months is imposed, the conviction becomes spent 2 years after the end of the full sentence, including any time on licence. For longer sentences, the rehabilitation period increases accordingly.
It is important to calculate your specific rehabilitation period based on the exact sentence you received. If you are unsure, a solicitor or organisations such as Nacro and Unlock can advise you on when your conviction becomes spent.
Do You Have to Disclose a Spent Drink Driving Conviction?
In most circumstances, once your drink driving conviction is spent, you do not have to disclose it. If an employer, landlord or other organisation asks whether you have any criminal convictions, you can lawfully answer "no" in respect of spent convictions. The Rehabilitation of Offenders Act 1974 provides this protection.
There are important exceptions under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Certain professions and roles are exempt from the Act, meaning you must disclose all convictions including those that are spent. These include roles in healthcare, law, finance, the police and positions working with children or vulnerable adults.
Insurance applications are also exempt from the Act. If an insurer asks about criminal convictions, you must declare a drink driving conviction even if it is spent. Failure to do so may constitute fraud and could invalidate your policy.