The drink driving ban refers to the interdiction to drive which you may get if you are found guilty of being in charge of a vehicle while above the legal drinking limit in the UK. A minimum ban for drink driving can apply depending on the severity of your case. Our drink drive solicitor in the UK can help you if you have received a ban on driving when found guilty of driving under the influence of alcohol.
| Quick Facts | |
|---|---|
| Who is at risk of receiving a driving ban in the UK? | Those found guilty of a driving offence. |
| Our team informs you on the possible drive ban | Yes, as soon as we analyse your case we can provide details on the length of the possible driving ban. |
| Disqualification for drink driving | The offender can be disqualified, depending on offence. |
| Drink driving ban duration | At least 12 months. |
| Long drink drive bans in the UK | 3 years for those convicted of drink driving twice in 10 years. |
| Drink drive ban reduction | Possible through a drink-drive rehabilitation course |
| Conditions for a drink drive ban reduction | When banned for 12 months or more |
| Drink drive ban reduction available for all offenders | Not necessarily |
| Drug drive ban in the UK | Depending on offence, can be for at least 1 year. |
| Drive ban for 6 months | For those who get 12 or more penalty points in 3 years. |
| Drive ban for 12 months | For a second disqualification within 3 years |
| Drive ban for 2 years | For a third disqualification in 3 years. |
| Disqualification for less than 56 days | The individual cannot drive until the end of the ban. A new licence may be required. |
| Disqualification for 56 days or more | The individual must apply for a new licence. |
| Condition to retake the driving test | In some cases, as instructed by the court. |
Table of Contents
What is the duration of the drink driving ban in the UK?
One of the penalties for drink driving in the UK is a ban on driving. If you are found guilty of the offences below, the driving ban will vary accordingly:
- A possible driving ban: if you are found to be in charge of a vehicle while above the legal limit or are found to be unfit through drink;
- At least 1 year driving ban if you were driving or attempting to drive while above the legal limit;
- A drink driving ban of 3 years if you are convicted twice in 10 years of driving or attempting to drive while above the legal limit or unfit through drink;
- A driving ban of 1 or 3 years (the same as above, if found guilty twice in 10 years) if you refuse to provide a breath, blood, or urine specimen for analysis.
New drivers should know that when they incur six points or more (for offences committed within the two years after passing their driving test – which is considered a probationary period), their license will be revoked, not suspended. To drive again, they must submit an application for a provisional licence and schedule a further test, which they must pass before they can have their full license back.
Essential information about the ban is also summarized in the infographic below:
What are the cases in which a maximum driving disqualification period is imposed?
While the general driving disqualification period is for 12 months, some types of drink driving offences carry higher periods. Our drink driving lawyer in London summarizes the two cases in which this can happen:
- Causing death by dangerous driving: minimum disqualification from driving of 5 years and a mandatory extended retest to regain the driver’s license;
- Causing death by careless driving while under the influence of drink of drugs: also 5 years, or six years minimum if convicted of these particular offences within 10 years from the same offence.
Are there cases in which the driving disqualification is mandatory?
Yes. Several motoring offences carry an obligatory disqualification. These include: causing death by dangerous driving, drink driving, attempting to drive with excess alcohol, drug driving, and failing to provide a specimen for analysis.
When the person is convicted of an offence for which the disqualification for driving is mandatory, the court shall order their disqualification for no less than twelve months.
One exemption to the twelve-month period is in the case of the “totting up” disqualification, which can be issued for 6 months. This takes place when the person incurs 12 or more penalty points. This takes place whether or not the points were granted for drink or drug driving. These points are issued for many other types of motoring offences.
What is discretionary disqualification?
In some cases that are not necessarily related to drink driving in the UK, the court has discretionary power to issue a decision for disqualification from driving, instead of imposing penalty points.
The seriousness of the offence is reflected in the number of points or the disqualification period. In some cases, the offender may already have penalty points that would add up to the totting disqualification mentioned above. In this case, the court may decide to impose penalty points instead of the disqualification period, essentially ordering the ban from driving under the minimum totting up period (which, as stated, is six months).
Because the court has discretionary powers, a motoring offence conviction may resolve in different ways for different offenders. Our motoring offence solicitors in the UK provide complete assistance and representation in drink drive, drug drive, and other cases.
Is there a way to reduce the drink driving ban?
If you are found guilty of drink driving in the UK, you may reduce the duration of your ban if you are given the option to take a rehabilitation course. This is a decision you will have to take in court, meaning that you are offered this option if you are found guilty of this offence.
The rehabilitation course also applies to the minimum driving ban for drink driving in the UK, given that this option is offered to those who have been given a ban for 12 months or more.
What is the course to reduce the driving ban like?
Our drink drive solicitor in London lists some of the key criteria that apply in the case of offenders who want to reduce the drink driving ban in the UK:
- The course is paid for by the offender. It usually costs up to £250;
- The ban is reduced if the individual completes the course in a certain amount of time;
- The drink driving ban is usually reduced by a quarter.
It is important to note that you should opt to take the course or not when offered this in court. You cannot review your decision later.
The course is offered by a provider, and you have more than one option when choosing this said provider. Moreover, you may change who you take the course with, however, not after you have already booked the course.
Once the course is complete, you receive a certificate of completion and you will send this to the HM Courts and Tribunals Service and the Driver and Vehicle Licensing Agency in the UK (the DVLA)
As not all drink driving cases are the same, and there could be several factors influencing the option to take the course (such as, whether or not driving is your source of income), our driving solicitorscan help you with this decision, once we evaluate your case.
What other drink driving penalties apply in the UK?
Receiving a drink driving ban is not the only consequence of driving or attempting to drive whilst unfit through drink or above the legal limit.
Some of the other penalties you may face include:
- Imprisonment (3 or 6 months in some cases);
- A fine (up to £2,500 in some cases or unlimited in others);
- Life imprisonment for those who cause death by careless driving whilst under the influence of drink.
Certain mitigating factors apply, according to the Sentencing Council’s Guidelines, however, they are not applicable in all cases. Discussing your offence with one of our driving offence solicitors is helpful for understanding the severity of your actions.
If you want to know more about the drink driving ban in the UK, or if you require assistance in determining if this can be reduced, you can contact ourmotoring offence solicitors in the UK.