Our driving offence solicitors assist those who want to know how sentencing guidelines are determined for those found guilty of drink driving in the UK.
| Quick Facts | |
|---|---|
| Types of offences associated with drink driving | Excess alcohol while driving or attempting to drive |
Governing law | Section 5 of the Road Traffic Act 1988 |
| Alcohol limits in the UK
| 35 micrograms of alcohol per 100 millilitres of breath 80 milligrams of alcohol in 100 millilitres of blood 107 milligrams of alcohol per 100 millilitres of urine |
| First action if caught drink driving | The police has the right to ask anyone caught driving, attempting to drive or in charge or a vehicle to take a breath test, if they believe the person has been drinking. |
| Maximum sentence for excess alcohol (driving/attempting to drive) | Unlimited fine and/or six months' custody and losing the licence for at least 12 months. |
| Maximum sentence for excess alcohol (in charge) | A fine up to £2,500 and/or three months' custody and losing the licence or receiving 10 points. |
| Aggravating factors | previous convictions related to the offence |
| Mitigating factors | no previous convictions related to the offence genuine emergency spiked drinks showing remorse or good character the driver has a serious medical condition, learning disability or mental disorder the driver is the sole or primary caregiver for his/her dependents |
| Pleading guilty | This can also lead to a reduction of the sentence. It does not reduce the driving disqualification period. |
| Reduced driving ban | Can be offered by court upon the completion of a drink-drive rehabilitation course. |
| Penalties for refusing to provide specimen | – unlimited fine, – 6 months imprisonment, – ban from driving for at least one year. |
Death by careless driving | Causing death by careless driving under the influence of alcohol is considered a serious offense and is only tried on indictment at the Crown Court. |
Penalties for death by careless driving | – unlimited fine, – life imprisonment, – ban from driving for at least 5 years, – extended driving test. |
| The Equal Treatment Bench Book – characteristics | A guide that aims to provide guidance on ensuring fair treatment and equal consideration for all individuals involved in court proceedings. |
| Consideration on mental disabilities | – mental ill health, – learning disabilities, – developmental disorders, – neurodiverse conditions, – brain injuries, – brain damage. |
| High-risk offender definition | Having 2 separate alcohol-related offenses within a 10-year period; Driving with an alcohol level over 2.5 times the legal limit; Failing or refusing to provide specimen. |
| License return for high-risk offenders | You must prove you’re fit to drive again; Our driving solicitors can explain more about this process. |
| Penalties for drug driving | – minimum 1 year ban, – unlimited fine, – up to 6 months in prison, – criminal record. |
| Penalty points for drunk driving offences | 3-11 points |
| Sentencing in drink drive cases | – determining the seriousness of the offence, – considering factors for sentence reduction, – ensuring proportionate sentence, – considering rehabilitation courses, – providing reasons for sentence, – considering time spent on bail. |
| Other consequences of drunk driving | – increased car insurance, – trouble traveling to other countries, – the employer will be noted of the offence, etc. |
| Completion of the rehabilitation course | You will receive a certificate which will be sent to the court and DVLA to reduce driving ban. |
| Who can take the course | – individuals guilty of a drink-drive offence, – individuals with a driving ban of 12 months or more. |
| How can our drinkdrive solicitors help | – professional legal advice, – developing defense strategy, – court representation, – assistance in negotiations and mitigations, – appealing decisions, etc. |
| Cities our services are available in | You can find our driving offence solicitors in London and other UK cities as well. |
Table of Contents
What are the drink driving sentencing guidelines?
The seriousness of the offences associated with drink driving, as defined in the Road Traffic Act 1988, is determined according to the particulars of the situation.
The sentence one is subjected to if found guilty of a drink drive offence in the UK is based on the level of alcohol determined by testing.
The guidelines set forth aggravating and mitigating factors. These are used by the Magistrate’s Courts to determine the level of seriousness and calculate the applicable penalty on a case-by-case basis.
What are the levels of alcohol upon which sentences are based?
The drink driving sentencing guidelines provide the following for the level of alcohol and the starting point for the fine:
- Band C Fine: for a breath (ug) alcohol level between 36 and 59, blood level (ml) between 81 and 137 and urine level between 108 and 183 (ml);
- Medium level community order: for breath alcohol level between 60-89; blood level between 207-275 or urine level between 275-366;
- 12 weeks custody; breath level between 120-150 and above; blood level between 276-345 and above; urine level between 367-459 and above.
Please keep in mind that the starting point for the penalty and the range can be different. This can be explained by our solicitors.
What are aggravating factors?
Some of the aggravating factors are listed below by our driving offence solicitors:
- Previous convictions;
- Failure to comply with current court orders;
- Carrying passengers;
- Involved in an accident;
- High level of pedestrians or traffic in the vicinity;
- Driving for hire or for a reward;
- Evidence of an unacceptable standard of driving;
- The offence was committed post-sentence supervision.
What are the mitigating factors?
The factors that can reduce the seriousness of the penalty include:
- No previous/relevant or recent convictions;
- Genuine emergency that was duly established;
- Very short driven distance;
- Age/lack of maturity, mental disorder or learning ability as well as several others.
We invite you to watch a short video on the sentencing guidelines:
What are the drink driving sentencing guidelines for being in charge of a vehicle?
When the individual is unfit through drink or drugs, and they are in charge of a vehicle, the maximum penalty is a level 4 fine and/or 3 months of imprisonment. The court starts by determining the offence category:
- Category 1: higher culpability and greater harm;
- Category 2: higher culpability and lesser harm or vice versa, lower culpability and greater harm
- Category 3: lower culpability and lesser harm.
Culpability is determined by the court by analysing the likelihood of driving and whether or not the individual was offering to drive for a reward or for hire, along with other factors.
The drink driving sentencing guidelines also indicate that the magistrates will demonstrate harm, in general, by considering that the higher the level of impairment, the greater the harm.
The starting point applies to all offenders, irrespective of their previous convictions and their plea. The factors that increase the seriousness of the offence are statutory, such as any other previous convictions or other aggravating factors such as failure to comply with existing court orders.
What are the drink driving sentencing guidelines for refusal to provide a specimen?
In this case, the guidelines provide for a maximum penalty consisting of an unlimited fine and/or six months imprisonment, with the same three offence categories applicable as in the previous section.
Culpability in this case is shown by the factors that indicate high culpability, such as deliberate refusal to provide the specimen or failure to do so. In analysing the case, the factors that indicate greater harm are a high level of impairment.
The drink driving sentencing guidelines are provided in accordance with those issued by the Sentencing Council. Please keep in mind that the information offered in this article is for informative purposes only, and each case is sentenced according to its own particularities.
What sentencing guidelines are used in the Magistrates’ Courts?
The guidelines applicable to the Magistrates’ Courts in case of drink driving (under the Road Traffic Act) concern the following cases:
- Being unfit through drink or drugs (in charge of a vehicle);
- Being unfit through drink or drugs (driving or attempting to drive);
- Failure to cooperate with the preliminary requirement to provide a roadside breath test;
- Excess alcohol when driving or attempting to drive;
- Excess alcohol when in charge of a vehicle.
Most of the guidelines were revised in 2017.
What sentencing guidelines are used in the Crown Court?
The Crown Court uses sentencing guidelines for the serious offence of causing death by careless driving whilst under the influence of drink or drugs, and/or causing death in the same manner whilst having failed to provide the specimen for analysis.
What are the steps when determining offence severity according to the guidelines?
Both the Crown Court and the Magistrates’ Court follow several steps when determining severity according to the guidelines.
For the Magistrates’ Court, the steps are the following:
- Determining the category of the offence (three categories apply);
- Choosing the starting point and category range for the offence (according to the category previously determined);
- Considering any mitigating factors (as defined above);
- Offering a reduction for a guilty plea, if applicable;
- Using the totality principle;
- Following any ancillary orders;
- Offering reasons (by following the duty to give reasons for the sentence);
- Consider the time spent on bail, as applicable.
The Crown Court follows much of the same steps, with the following differences:
- Step 3 means taking into account any factors that indicate a reduction in assistance to the prosecution;
- Step 5 refers not to the totality principle, but to dangerousness (especially relevant in the case of life sentences).
Individuals should keep in mind that the Courts use these guidelines to ensure consistency in terms of punishments meted out for drink-drive offences.
If you need legal assistance, please contact our drink driving solicitors in London.