What Are the Penalties for Drink Driving?
Mandatory Driving Ban
Every drink driving conviction under section 5(1)(a) of the Road Traffic Act 1988 carries a mandatory disqualification from driving. The minimum period of disqualification is 12 months for a first offence. For a second offence within 10 years, the minimum ban rises to 3 years.
The court has no discretion to impose penalty points instead of a ban for this offence. The only exception is where the court finds special reasons not to disqualify, which requires a separate legal argument.
Unlimited Fine
Drink driving is a summary offence triable in the magistrates court, but it carries an unlimited fine. There is no statutory cap on the amount the court can impose. The level of the fine is determined by the Sentencing Council guidelines and the offender's financial means.
In practice, fines for drink driving typically range from a few hundred pounds for low-level readings to several thousand pounds for high readings or repeat offenders. The court will also order the offender to pay a victim surcharge and prosecution costs.
Imprisonment
The maximum custodial sentence for drink driving is 6 months' imprisonment. Custody is generally reserved for the most serious cases, including very high readings above 120 micrograms of alcohol in breath. Repeat offenders face a significantly higher risk of imprisonment.
Where the court considers a custodial sentence is justified, it may suspend the sentence rather than impose immediate imprisonment. A suspended sentence allows the offender to remain in the community subject to conditions set by the court.
Penalties for a First Offence
A first drink driving offence typically results in a 12 to 24-month driving ban, a fine and a community order. The severity of the penalty depends primarily on the level of the breath, blood or urine reading. Low-level readings close to the legal limit generally attract the shortest bans and lowest fines.
For readings in the mid-range of 60 to 89 micrograms in breath, the ban is likely to be in the region of 17 to 22 months. The court may also impose a community order with unpaid work or a curfew requirement. A custodial sentence is unlikely for a first offence at this level.
High readings of 90 micrograms and above carry bans of 23 months or more. At readings of 120 micrograms and above, the court may consider a custodial sentence even for a first offence. The court may offer a drink drive rehabilitation course that reduces the ban by up to 25 percent.
Penalties for a Second or Subsequent Offence
A second drink driving conviction within 10 years of the first offence carries a minimum 3-year driving ban. The court treats repeat offending as a serious aggravating factor. The likelihood of a custodial sentence increases substantially for second and subsequent offences.
The 10-year period is measured from the date of conviction, not the date of the offence. If the second offence occurs more than 10 years after the first conviction, the minimum ban reverts to 12 months. However, the earlier conviction will still be treated as an aggravating factor at sentencing.
Third and subsequent offences carry even greater penalties. The court is likely to impose a lengthy disqualification and a custodial sentence. The offender will also be classified as a high risk offender by the DVLA, requiring a medical examination before the licence can be restored.
How Drink Driving Penalties Are Decided
Sentencing Guidelines
Magistrates follow the Sentencing Council guidelines when determining the appropriate penalty. The guidelines categorise offences into bands based on the level of alcohol. Band A covers low-level readings, Band B covers mid-range readings and Band C covers the highest readings.
Each band has a suggested starting point and range for the driving ban, fine and any other sentence. The magistrates then adjust the sentence upwards or downwards depending on the aggravating and mitigating factors in the case.
Aggravating and Mitigating Factors
Aggravating factors that increase the sentence include previous convictions, causing an accident, having passengers in the vehicle, poor driving and a very high reading. The presence of children in the vehicle is treated as a particularly serious aggravating factor.
Mitigating factors that may reduce the sentence include genuine remorse, a previously clean record, the impact of the conviction on employment, caring responsibilities and evidence that the offender has already taken steps to address their alcohol use.
Can You Reduce a Drink Driving Penalty?
A guilty plea entered at the earliest opportunity attracts a sentencing discount of up to one third under the Sentencing Council guidelines. This can result in a shorter ban and a lower fine. The discount reduces the further from the first hearing the plea is entered.
Effective mitigation presented by a specialist solicitor can also reduce the penalty. This includes evidence of the impact on employment, character references, medical evidence and steps taken to address alcohol issues. The court has discretion to impose a shorter ban or suspend a custodial sentence where compelling mitigation is presented.
Completion of the drink drive rehabilitation course, if offered by the court, reduces the disqualification period by up to 25 percent. For a 12-month ban, this means the offender can apply for the return of their licence after 9 months.