What Happens if You Are Caught Drink Driving Three Times in 10 Years?

Repeat drink driving offences are dealt with severely under UK law. If you are caught drink driving three times within a ten-year period, the penalties escalate considerably. You could face an extended driving ban, a compulsory extended retest, a custodial sentence in some circumstances, and long-term consequences for your criminal record and driving history.

The court will consider your alcohol reading and the circumstances surrounding the offence. Factors such as whether you were carrying passengers, refused to give a sample, or were involved in a careless driving incident can all increase the severity of your sentence.

In this blog, the motoring law specialists at JMW explain what happens if you are caught drink driving repeatedly, how the legal process unfolds, what penalties you are likely to face in this situation, the long term-consequences, and possible defences.

Drink Driving Offences and Repeat Convictions

If you have two or more convictions for drink driving (or another relevant offence), and are caught driving whilst above the legal alcohol limit for the third time within the last ten years, the law regards you as a repeat offender. 

The offence classification also increases if your alcohol level was particularly high, or if you refused to provide a breath, blood or urine sample when asked. Police can request a blood or urine sample if breath analysis is not possible.

If you have been disqualified two or more times (for periods over 56 days) within three years, you face a minimum driving ban of two years. If you are caught driving above the legal limit (or have been convicted of a ‘relevant’ offence) and this is your third offence within a decade, you face a minimum driving ban of three years. In many cases, the disqualification period will be longer, depending on any aggravating circumstances and your alcohol level.

A relevant offence includes:

• Driving or attempting to drive whilst unfit 
• Drink driving or attempting to drive
• Drug driving or attempting to drive
• Failing to provide a specimen

High-risk offender status means your driving licence will not be returned automatically at the end of your disqualification. Instead, you must apply to the DVLA and undergo a medical assessment before you can legally drive again. This includes a blood test to assess alcohol use, a medical questionnaire and a physical examination. In cases where misuse or dependence is uncertain but suspected, the DVLA may grant a temporary licence - usually one to three years - subject to further medical reviews.

What Is the Legal Process if You Are Caught Drink Driving?

If the police suspect that you have committed a drink driving offence, they may conduct a roadside breath test. If you fail this test, or if you refuse to provide a sample, you will be arrested and taken to a police station for further testing.

The legal alcohol limit in England and Wales is:

• 35 micrograms per 100 ml of breath; or
• 80 mg per 100 ml of blood; or
• 107 mg per 100 ml of urine.

At the station, you will be asked to provide a breath sample using an evidential device. If you are unable or unwilling to do so, you may be asked to provide a blood or urine sample instead. Failure to give a specimen is an offence in itself and will likely lead to charges.

If the test results confirm that you were over the legal limit, you will be formally charged. You will receive a court summons and must attend a hearing. If you plead guilty, sentencing will proceed. If you plead not guilty, the case will go to trial and evidence will be examined in full.

Penalties for a Third Drink Driving Conviction

The penalties for a third drink driving conviction within ten years are much more severe than for a first or second offence. These may include:

• A minimum three-year driving ban, with the possibility of a longer disqualification depending on your driving record, alcohol reading and other factors.
• An unlimited fine.
• A prison sentence of up to six months where aggravating factors are present, such as a high alcohol reading or harm to others.
• A requirement to complete an extended driving test before your licence can be reinstated.

Aggravating factors such as carrying passengers, being involved in an accident, or causing damage or injury will be considered by the court and can increase the severity of the sentence and lead to other charges.

The Long-Term Consequences of a Drink Driving Conviction

Being convicted of drink driving three times in ten years will result in a criminal record, which can affect many areas of life. It may impact employment opportunities, restrict travel to certain countries, and increase your car insurance costs significantly. Some insurers may refuse to cover convicted drink drivers altogether.

Your driving record will also show the convictions for 11 years. This means that if you are ever caught again, the court will view your history as evidence of persistent offending, and may impose the maximum available penalties.

Legal Representation and Possible Legal Defences

If you are facing a third drink driving charge, seeking expert legal advice is critical. The consequences are severe, and your personal circumstances, legal arguments, and procedural details may all affect the outcome of the case.

A qualified solicitor, such as the team at JMW, can help you identify any possible legal defences. For example:

• The police failed to follow strict procedures when collecting your sample.
• You were not the driver at the time of the alleged offence.
• There was a medical condition that interfered with the test or affected your alcohol reading.
• The testing equipment was not used correctly or was not calibrated properly.

It is imperative that a legal expert considers alternative lesser charges, such as ‘drunk in charge’, and makes detailed written representations to the Crown to have your charge reduced where necessary.

Even if you are found guilty, a skilled legal representative can present mitigating circumstances to the court, such as evidence of rehabilitation, personal hardship or the impact of a ban on your dependents, which may reduce the sentence.