In Great Britain, around 230 people are killed each year in road accidents in which at least one driver is over the drink-drive limit.  In 2019, there were 5,350 drink-drive related accidents that killed or injured 7,800 people[1].

In fact, it is estimated that one in twenty road accidents are drink-drive related.  With such numbers in mind, it comes as no surprise that driving above the legal drink-drive limit is a criminal offence.

Drink driving penalties are treated seriously by the courts and may be punished with a term of imprisonment, a community order or a fine.  A guilty person may also be banned from driving.

What is Classed As Drink Driving?

Section 5 of the Road Traffic Act 1988 makes it a criminal offence for a person to drive, attempt to drive or be in charge of a motor vehicle on a road or in a public place if the concentration of alcohol in their breath, blood or urine exceeds the prescribed limit.  This is more commonly known as being ‘over the limit’ or ‘drink driving’.

In England, a person is over the limit if the level of alcohol in their breath is more than 35 micrograms per 100 millilitres of breath, or the level of alcohol in their blood is more than 80 milligrams per 100 millilitres of blood, or the level in their urine is more than 107 milligrams per 100 millilitres of urine.

A person can also be guilty of drink driving if they are unfit to drive through drink.  This makes it possible to prosecute a person who is impaired through drinking even if the concentration of alcohol in their body is unknown.  Prosecutions of this kind are more unusual, but the penalties are very similar.

What Are the Penalties for Drink Driving?

Drink driving offences are dealt with in the Magistrates’ Court.

The maximum possible sentence for driving over the limit is an unlimited fine or a term of imprisonment of up to six months or both.   A guilty person will also be disqualified from driving for at least 12 months.

If You Were In Charge of a Vehicle While Above the Limit

You may be guilty of a drink driving offence if you were in control of a motor vehicle on a road or in a public place and you were over the limit.  For example, you may have been sitting in the driver’s seat and in possession of the keys at the time.  It is important to know that a public place does include private land that the public can access.  An example would be a supermarket car park.

This offence is less serious than that of actually driving a vehicle.  Your sentence will depend on the concentration of alcohol in your body but will typically range from a fine to six weeks in prison.

It is highly unlikely that you will go to prison unless you are significantly over the drink-drive limit.  You won’t necessarily get disqualified from driving either.  Again, that will depend on the concentration of alcohol in your body.  If you are not disqualified, you will be given ten points on your licence.

If You Were Driving a Vehicle While Above the Limit

Sentences for driving a motor vehicle on a road or in a public place whilst over the limit are more serious.  Your sentence may be affected by any relevant previous convictions or disqualifications too.

If you have no previous convictions for drink-driving related offences and you have not been disqualified in the last two years, your sentence could range from a fine to six months in prison.  This will largely depend on the concentration of alcohol in your body.

Prison remains unlikely unless you are considerably over the limit.  The court must disqualify you from driving for a minimum term of twelve months, and it can ban you for up to three years.  Again, the length of the ban will depend on your alcohol levels.

If you have been disqualified from driving two or more times in the previous three years and each period of disqualification was 56 days or more, the range of sentences open to the court remains the same.  But instead, the court must disqualify you from driving for a minimum of two years.  It may still ban you for up to three years.

If you have a previous conviction for a drink-driving related offence and that conviction is less than ten years old, the minimum term of your mandatory disqualification is three years.  The court also has the power to ban you for up to five years.  The punishments open to the court remain the same, but your previous relevant conviction makes it more likely that you will receive a community order, or even go to prison if your alcohol levels were high enough.

How is the Penalty Calculated?

The courts have a duty to impose a sentence that falls within the sentencing guidelines.  In certain circumstances, they can sentence outside of these so it’s a good idea to seek legal advice if you are unsure.  But the starting point for the courts is always the seriousness of the offence.

The court will then consider aggravating and mitigating factors that will increase or decrease the sentence. This could lead to a discount of up to one-third will then be given for a guilty plea at the earliest opportunity.  It is important to note that this will apply against any fine, community order or prison sentence.  It will not reduce a driving ban below twelve months if that is the minimum that the court must impose.

Aggravating Factors

Your sentence may be increased if:

• You have a previous conviction for a similar offence
• You were drink driving whilst on bail
• You have failed to comply with a current court order
• You were driving large or heavy goods or passenger service vehicle
• The road or weather conditions were poor
• You had passengers in your vehicle
• You were driving for hire
• There is evidence that you were driving to an unacceptable standard
• You were involved in an accident
• There was a high level of traffic or pedestrians in the area at the time you were driving

Mitigating Factors

Your sentence may be decreased if:

• You have no previous convictions
• You were driving in a genuine emergency that did not amount to special reasons
• You did not drive very far
• You have shown remorse
• You are of good character
• You are the sole or primary carer for dependant relatives

How Our Criminal Law Solicitors Can Help You

If you have been charged with a drink-driving offence, we can help.

You may have a defence if you have been accused of being in charge of a motor vehicle whilst over the limit.  You will not be found guilty if you can prove that in the circumstances there was no likelihood of you driving the vehicle whilst you remained over the limit.  We can advise and represent you if we think that this defence is available.

It is sometimes possible to avoid mandatory disqualification.  If you can prove that you had special reasons for driving whilst over the limit.  It is not a defence, and you must prove that there was an extenuating circumstance related to your decision to drive.  For example, you may have faced an emergency.  In this situation, the court will look very closely at factors such as how far you drove and whether there was alternative transport available.  This makes special reasons very difficult to prove and you should always seek legal advice.

A persuasive plea in mitigation may reduce any fine, community order or prison sentence.  In the case of being found guilty of being in charge of a motor vehicle, it could be the difference between a driving disqualification and points.  And if you are facing a lengthy mandatory ban, your plea in mitigation can reduce that period substantially.

At Best Solicitors, we will provide you with personalised, expert legal advice to make sure you achieve the best possible outcome.

You can contact us on 0114 2813636 or send us a message via our contact page and we will call you back.

[1] Reported road casualties in Great Britain, final estimates involving illegal alcohol levels: 2019 (National Statistics, Department for Transport, 26 August 2021)