{"id":138,"date":"2022-10-13T08:29:08","date_gmt":"2022-10-13T08:29:08","guid":{"rendered":"https:\/\/drinkdriving.lawyer\/?p=138"},"modified":"2023-11-01T16:04:57","modified_gmt":"2023-11-01T16:04:57","slug":"drink-driving-sentencing-guidelines","status":"publish","type":"post","link":"https:\/\/drinkdriving.lawyer\/drink-driving-sentencing-guidelines\/","title":{"rendered":"Drink Driving Sentencing Guidelines"},"content":{"rendered":"\n

Magistrates who determine the severity of a drink driving offence take into account a number of relevant issues, such as if the party at fault has had any other prior convictions as well as any aggravating or mitigating factors that are unique to each case.
 
When discussing the possible penalties, the drink driving sentencing guidelines<\/strong> used by magistrates can be useful to determine the possible sentence when one is charged with a criminal offence related to drink driving.
 
In this article, our team of driving offence solicitors<\/strong><\/a> list some of the situations that can be related to this offence, such as driving or attempting to drive whilst inebriated and also talk about the drink driving sentencing guidelines.<\/p>\n\n\n\n\n\t\n\t\t\n\t\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
 Quick Facts<\/th>\n\t\t\t <\/th>\n\t\t<\/tr>\n\t<\/thead>\n\t
  Types of offences associated with drink driving<\/td>\n\t\t\t\n\t\t\t

Excess alcohol while driving or attempting to drive
\n\t\t\tExcess alcohol in charge<\/p>\n\t\t\t<\/td>\n\t\t<\/tr>\n\t\t

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Governing law<\/p>\n\t\t\t<\/td>\n\t\t\t

Section 5 of the Road Traffic Act 1988<\/td>\n\t\t<\/tr>\n\t\t
Alcohol limits in the UK\n\t\t\t

 <\/p>\n\t\t\t<\/td>\n\t\t\t

 35 micrograms of alcohol per 100 millilitres of breath
\n\t\t\t80 milligrams of alcohol in 100 millilitres of blood
\n\t\t\t107 milligrams of alcohol per 100 millilitres of urine<\/td>\n\t\t<\/tr>\n\t\t
First action if caught drink driving<\/td>\n\t\t\t\n\t\t\t

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.<\/p>\n\t\t\t<\/td>\n\t\t<\/tr>\n\t\t

Maximum sentence for excess alcohol (driving\/attempting to drive)<\/td>\n\t\t\tUnlimited fine and\/or six months' custody and losing the licence for at least 12 months.<\/td>\n\t\t<\/tr>\n\t\t
Maximum sentence for excess alcohol (in charge)<\/td>\n\t\t\t\n\t\t\t

A fine up to £2,500 and\/or three months' custody and losing the licence or receiving 10 points.<\/p>\n\t\t\t<\/td>\n\t\t<\/tr>\n\t\t

Aggravating factors<\/td>\n\t\t\t\n\t\t\t

previous convictions related to the offence
\n\t\t\thaving passengers in the car
\n\t\t\tunaceptable standard of driving (with evidence)
\n\t\t\tinvolvement in an accident
\n\t\t\thigh level of traffic or pedestrians in the area<\/p>\n\t\t\t<\/td>\n\t\t<\/tr>\n\t\t

Mitigating factors<\/td>\n\t\t\tno previous convictions related to the offence
\n\t\t\tgenuine emergency
\n\t\t\tspiked drinks
\n\t\t\tshowing remorse or good character 
\n\t\t\tthe driver has a serious medical condition, learning disability or mental disorder
\n\t\t\tthe driver is the sole or primary caregiver for his\/her dependents<\/td>\n\t\t<\/tr>\n\t\t
Pleading guilty<\/td>\n\t\t\tThis can also lead to a reduction of the sentence. It does not reduce the driving disqualification period.<\/td>\n\t\t<\/tr>\n\t\t
Reduced driving ban<\/td>\n\t\t\tCan be offered by court upon the completion of a drink-drive rehabilitation course.<\/td>\n\t\t<\/tr>\n
Penalties for refusing to provide specimen<\/td>\n\n

– unlimited fine,<\/p>\n

– 6 months imprisonment,<\/p>\n

– ban from driving for at least one year.<\/p>\n<\/td>\n<\/tr>\n

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Death by careless driving<\/p>\n<\/td>\n

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.<\/td>\n<\/tr>\n
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Penalties for death by careless driving<\/p>\n<\/td>\n

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– unlimited fine,<\/p>\n

– life imprisonment,<\/p>\n

– ban from driving for at least 5 years,<\/p>\n

– extended driving test.<\/p>\n<\/td>\n<\/tr>\n

The Equal Treatment Bench Book – characteristics<\/td>\nA guide that aims to provide guidance on ensuring fair treatment and equal consideration for all individuals involved in court proceedings.<\/td>\n<\/tr>\n
Consideration on mental disabilities<\/td>\n\n

– mental ill health,<\/p>\n

– learning disabilities,<\/p>\n

– developmental disorders,<\/p>\n

– neurodiverse conditions,<\/p>\n

– brain injuries,<\/p>\n

– brain damage.<\/p>\n<\/td>\n<\/tr>\n

High-risk offender definition<\/td>\n\n

Having 2 separate alcohol-related offenses within a 10-year period;<\/p>\n

Driving with an alcohol level over 2.5 times the legal limit;<\/p>\n

Failing or refusing to provide specimen.<\/p>\n<\/td>\n<\/tr>\n

License return for high-risk offenders<\/td>\n\n

You must prove you’re fit to drive again;<\/p>\n

Our driving solicitors can explain more about this process.<\/p>\n<\/td>\n<\/tr>\n

Penalties for drug driving<\/td>\n\n

– minimum 1 year ban,<\/p>\n

– unlimited fine,<\/p>\n

– up to 6 months in prison,<\/p>\n

– criminal record.<\/p>\n<\/td>\n<\/tr>\n

Penalty points for drunk driving offences<\/td>\n\n

 3-11 points<\/p>\n<\/td>\n<\/tr>\n

Sentencing in drink drive cases<\/td>\n\n

– determining the seriousness of the offence,<\/p>\n

– considering factors for sentence reduction,<\/p>\n

– ensuring proportionate sentence,<\/p>\n

– considering rehabilitation courses,<\/p>\n

– providing reasons for sentence,<\/p>\n

– considering time spent on bail.<\/p>\n<\/td>\n<\/tr>\n

Other consequences of drunk driving<\/td>\n\n

– increased car insurance,<\/p>\n

– trouble traveling to other countries,<\/p>\n

– the employer will be noted of the offence, etc.<\/p>\n<\/td>\n<\/tr>\n

Completion of the rehabilitation course<\/td>\n\n

You will receive a certificate which will be sent to the court and DVLA to reduce driving ban.<\/p>\n<\/td>\n<\/tr>\n

Who can take the course<\/td>\n\n

– individuals guilty of a drink-drive offence,<\/p>\n

– individuals with a driving ban of  12 months or more.<\/p>\n<\/td>\n<\/tr>\n

How can our drink<\/strong> drive solicitors<\/strong> help<\/td>\n\n

– professional legal advice,<\/p>\n

– developing defense strategy,<\/p>\n

– court representation,<\/p>\n

– assistance in negotiations and mitigations,<\/p>\n

– appealing decisions, etc.<\/p>\n<\/td>\n<\/tr>\n

Cities our services are available in<\/td>\nYou can find our driving offence solicitors in London<\/strong> and other UK cities as well.<\/td>\n<\/tr>\n\t<\/tbody>\n<\/table>\n\n\n\n
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