Drink Driving Is a Criminal Offence
Drink driving is a criminal offence under section 5(1)(a) of the Road Traffic Act 1988. It is not a civil matter or a minor traffic infraction. A conviction results in a criminal record that can affect many aspects of your life for years to come.
The offence is classified as a summary offence, which means it is tried in the magistrates court rather than the Crown Court. However, this classification does not diminish its seriousness. The maximum penalty includes 6 months imprisonment, an unlimited fine and a mandatory driving ban of at least 12 months.
Many people are surprised to learn that drink driving carries a criminal record. Unlike a speeding offence dealt with by a fixed penalty notice, drink driving requires a court appearance and results in a conviction that is recorded on the Police National Computer.
What Makes It a Criminal Rather Than a Civil Matter
The Legal Classification
Criminal offences are acts prohibited by law that the state prosecutes on behalf of society. Drink driving falls squarely within this category. The Road Traffic Act 1988 creates the offence and sets out the penalties, and the prosecution is brought by the Crown Prosecution Service.
A civil matter, by contrast, involves disputes between individuals or organisations. While a drink driving accident may also give rise to a civil claim for compensation, the criminal charge itself is a matter between the state and the accused.
Prosecution by the CPS
Drink driving cases are prosecuted by the Crown Prosecution Service or, in some areas, by the police themselves under delegated authority. The CPS reviews the evidence gathered by police and decides whether to charge based on the Code for Crown Prosecutors.
The burden of proof is the criminal standard: beyond reasonable doubt. This is a higher threshold than the civil standard of balance of probabilities, reflecting the seriousness of a criminal conviction.
Court Proceedings
You will receive a summons to appear at the magistrates court. The proceedings follow the criminal court process. You will be asked to enter a plea of guilty or not guilty, and the case is decided by magistrates or a district judge.
If found guilty, the conviction is recorded and you receive a sentence. The entire process follows criminal procedure rules and carries the protections and safeguards of the criminal justice system, including the right to legal representation.
How a Criminal Record Affects You
A drink driving conviction creates a criminal record that is held on the Police National Computer. This record does not disappear after the court case. Under the Rehabilitation of Offenders Act 1974, the conviction becomes spent after a period determined by the sentence imposed.
For a fine, the rehabilitation period is 1 year from the date of conviction. For a community order, it is 1 year from the end of the order. For a custodial sentence of up to 6 months, the rehabilitation period is 2 years from the end of the sentence. Until spent, you must declare the conviction when asked.
The criminal record can affect employment, particularly for roles requiring an enhanced DBS check. It may also affect your ability to travel to certain countries, obtain professional licences or secure certain types of insurance.
Drink Driving on Your Driving Licence
In addition to the criminal record, a drink driving conviction is endorsed on your driving licence with a DR10 code. This endorsement remains on your licence for 11 years from the date of conviction, even though the driving ban itself will be much shorter.
The endorsement is visible to insurance companies, employers who check driving licences and anyone with a legitimate reason to view your licence record. It is separate from the criminal record and has its own disclosure period.
The DR10 endorsement significantly increases insurance premiums and may make it difficult to find affordable cover. Some specialist insurers cater to convicted drink drivers, but premiums are typically several times higher than normal for the first few years.
Do You Need a Solicitor for a Criminal Offence?
Given the serious consequences of a criminal conviction, specialist legal representation is strongly recommended. A solicitor can advise on the strength of the evidence, identify potential defences and present effective mitigation to the court.
For a guilty plea, a solicitor can ensure the court hears about your personal circumstances, employment situation and the steps you have taken since the offence. Effective mitigation can result in a shorter ban, a lower fine and help you avoid custody.
For a not guilty plea, a solicitor is essential. Drink driving trials involve complex evidential issues around breath testing procedures, blood analysis and police compliance with statutory requirements. Expert legal knowledge can make the difference between conviction and acquittal.