Penalties for Being Caught Drink Driving the 2nd Time

Drink driving is treated as one of the most serious motoring offences in the UK. The law imposes strict penalties to deter people from driving while over the legal alcohol limit, and sentencing reflects the risks that alcohol poses to other road users.

The consequences become even more severe for a second offence within ten years. Courts must impose a lengthy driving disqualification, and depending on the circumstances, you may also face a prison sentence or an unlimited fine. The penalties take into account the level of alcohol in your blood, breath or urine sample, your previous conviction and the circumstances surrounding the current offence.

Here, the expert motoring law solicitors at JMW explain how the courts deal with a second drink driving offence, the penalties you could face and the steps you can take if you are charged.

What Is Defined as Drink Driving?

Drink driving is defined under the Road Traffic Act 1988 as being in charge of, or attempting to drive, a motor vehicle with alcohol levels above the prescribed limit. The legal limits are:

• 35 microgrammes per 100ml of breath.
• 80mg per 100ml of blood.
• 107mg per 100ml of urine.

These limits apply to all drivers, and being above them by even a small margin is enough for a conviction. The law does not require evidence of impaired driving; the presence of alcohol above the threshold is sufficient.

Testing usually begins with a roadside breath test if the police suspect you are over the limit. If this test is failed, or not possible, you will be taken to a police station to provide an evidential sample of breath, blood or urine. Refusing to provide a specimen is itself a separate offence and carries penalties comparable to a conviction for drink driving.

How the 10-Year Rule Works for Repeat Drink Driving Offences

Repeat drink driving offences are treated more severely if they occur within 10 years of the date of the first offence. This period is calculated from the date of conviction, not the date of the offence itself.

If a second conviction falls within this timeframe, the court must impose a minimum three-year driving disqualification. Where more than 10 years have passed, the offence will be sentenced as a first conviction, although the earlier record may still be taken into account when the court assesses all the relevant circumstances.

What Are the Penalties for a Second Drink Driving Offence in a 10-Year Period?

For a second conviction within 10 years, the penalties are much harsher. The court must impose the minimum three-year driving ban, and may also impose an unlimited fine and up to six months in custody.

A conviction will remain on your licence for 11 years. Beyond the legal penalties, drink driving will raise car insurance costs, affect employment prospects and may restrict travel abroad to countries that do not admit individuals with criminal records.

When deciding your sentence, the court will take into account all the relevant circumstances, including the alcohol reading in your test, previous convictions, if a collision occurred and whether passengers were put at risk. Aggravating factors like an earlier ban or evidence of careless driving can extend the disqualification period and increase the likelihood of custody.

Can You Avoid a Ban or Prison Sentence?

For a second drink driving offence within 10 years, a lengthy driving disqualification is unavoidable. However, the court has discretion over the length of the ban, the size of the fine, and whether custody is imposed. This decision is also influenced by how well your solicitor can present the mitigating factors in your case. These might include:

• A genuine medical emergency.
• Evidence of steps taken to address alcohol use.
• A previously clean driving record outside the current and earlier conviction.
• If you plead guilty at the earliest opportunity and demonstrate remorse for your actions.

While these factors do not remove liability, they can reduce the severity of the penalty imposed.

How a Solicitor Can Help with Drink Driving Penalties

If you are facing a second drink driving allegation, specialist legal representation is vital. The potential penalties are severe, and the way your case is presented in court can make a significant difference to the outcome.

At JMW, our motoring law solicitors can:

• Review the circumstances of your arrest.
• Check whether police procedures were correctly followed, including the taking of breath, blood or urine samples.
• Examine the prosecution’s evidence for errors.
• Advise on possible defences where the evidence is weak or unreliable.
• Present mitigating factors on your behalf to secure a more favourable outcome.

A second drink driving conviction carries consequences that extend well beyond the immediate sentence and could affect your ability to work, travel and maintain affordable insurance. Speaking to an expert solicitor at the earliest stage gives you the best chance of limiting these consequences and achieving the most favourable outcome available in your circumstances.