How the Sentencing Guidelines Work
The Sentencing Council provides definitive guidelines for drink driving offences under sections 5 and 5A of the Road Traffic Act 1988. Magistrates must follow these guidelines unless it would be contrary to the interests of justice to do so. The guidelines categorise offences by the level of the alcohol reading to determine the starting point for sentence.
Each sentencing band specifies a starting point and a range for the disqualification period, fine level and whether a community order or custodial sentence is appropriate. The court then adjusts within the range based on aggravating and mitigating factors specific to the case.
The guidelines apply equally to breath, blood and urine readings. The legal limits are 35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood and 107 milligrams per 100 millilitres of urine.
Penalty Bands by Reading Level
Low Level
Breath readings of 36 to 59 micrograms, or blood readings of 81 to 137 milligrams, fall into the lowest sentencing band. The starting point is a Band C fine and a disqualification of 12 to 16 months. There is no risk of custody at this level.
Offenders in this band are most likely to be offered the drink drive rehabilitation scheme, which can reduce the disqualification period by up to 25 percent upon successful completion.
Medium Level
Breath readings of 60 to 89 micrograms, or blood readings of 138 to 206 milligrams, place the offence in the medium band. The starting point is a Band C fine or a low-level community order with a disqualification of 17 to 22 months.
At the higher end of this band, the court may consider a community order with unpaid work or a curfew requirement. Effective mitigation is particularly important in keeping the sentence at the lower end of the range.
High Level
Breath readings of 90 micrograms and above, or blood readings of 207 milligrams and above, trigger the highest sentencing band. The starting point is a high-level community order or 12 weeks custody with a disqualification of 23 to 36 months.
Readings at the very highest levels, 120 micrograms of breath or 275 milligrams of blood and above, carry a real risk of immediate imprisonment. A specialist solicitor is essential at this level to present mitigation that may avoid a custodial sentence.
Aggravating Factors in Drink Driving
Previous Convictions
Previous convictions for motoring offences, particularly drink or drug driving, are treated as a significant aggravating factor. A second drink driving offence within 10 years triggers a minimum three-year disqualification under section 34(3) of the Road Traffic Offenders Act 1988.
The court will also consider the recency and relevance of any previous convictions. Unrelated previous convictions are given less weight, but a pattern of offending behaviour will increase the sentence.
Causing an Accident
If the drink driving resulted in a road traffic collision, the court will treat this as an aggravating factor even where no separate charge of dangerous or careless driving is brought. Evidence of damage to property or injury to others will push the sentence toward the higher end of the range.
Where injury has been caused, the CPS may charge the more serious offence of causing death or serious injury by careless driving when under the influence of drink, which carries a maximum sentence of 14 years imprisonment.
Passengers in the Vehicle
Having passengers in the vehicle, particularly children, is an aggravating factor. The court views this as an increased level of harm and irresponsibility. It demonstrates a disregard for the safety of others who were placed at risk by your decision to drive.
If child passengers were present, the court may consider this a particularly serious aggravating factor that moves the sentence significantly upward within the sentencing range.
Mitigating Factors
Personal mitigation can make a significant difference to the sentence imposed. Good character, a previously clean driving record, genuine remorse and evidence of steps taken to address alcohol issues are all factors the court will consider in your favour. Letters from employers confirming the impact of disqualification on your livelihood carry weight.
The circumstances of the offence may also provide mitigation. Moving a vehicle a very short distance, driving in an emergency, or being marginally over the limit are factors that may reduce the severity of the sentence. Your solicitor should present all available mitigation in a structured and persuasive manner.
Voluntary engagement with alcohol support services or counselling before the court date demonstrates genuine insight and a commitment to change. The court views proactive steps favourably when determining the appropriate sentence.
Can a Solicitor Influence Sentencing?
A specialist drink driving solicitor can significantly influence the sentence imposed by the court. They understand the Sentencing Council guidelines in detail and know how to present your case within the framework that magistrates are required to follow. Structured mitigation can move the sentence from the starting point downward within the range.
Solicitors can also identify and challenge aggravating factors raised by the prosecution. They ensure that mitigating factors are presented with supporting evidence and in a format that assists the court. In borderline cases, skilled advocacy can be the difference between a community order and a custodial sentence.
For higher readings, a solicitor may commission a pre-sentence alcohol assessment report from an independent expert. This demonstrates to the court that you are addressing the underlying issue and reduces the likelihood of the most severe penalties.