What Is the Penalty for Drink Driving?

Drink driving is treated as one of the most serious motoring offences in the UK. The law imposes a range of strict penalties to deter drivers from getting behind the wheel while over the limit, and sentencing reflects how dangerous it is to drive while under the influence of alcohol or drugs, even if you are only a fraction over the strict alcohol limits.

Offences are not all treated in the same way, and the penalties you could face depend on whether you were caught drink driving, attempting to drive, or in charge of a vehicle. There are also potential penalties for refusing to provide a specimen, and the consequences of a conviction for any drink driving offence can be long lasting. As such, it is important to understand the potential outcomes and sentencing guidelines when you are facing an allegation of drink driving.

Here, the expert motoring law solicitors at JMW explain the different types of drink driving offences, the penalties associated with each, and the legal options available to drivers who are accused of this criminal offence.

What Are the Penalties for Drink Driving Offences?

The law in England and Wales specifies a number of offences related to driving above the legal limit for drugs or alcohol, and the police often have the option of several different penalties depending on the offence. These could include a fine, penalty points on your licence, and long custodial sentences if you are found guilty of a serious offence. The consequences of any conviction can be far-reaching and, beyond the legal penalties, you may experience a personal, financial and professional impact of a conviction. This may include having to pay higher car insurance costs in the future, or being unable to continue your employment if your driving licence is revoked.

Driving while over the limit

If you are caught driving or attempting to drive with more than the legal limit of alcohol in your system, the court can impose up to six months’ imprisonment, an unlimited fine and a minimum 12-month disqualification from driving. For a second offence within 10 years, the minimum disqualification increases to three years. Between three and eleven penalty points will also be endorsed on your driving licence.

The same penalties apply if you are considered unfit to drive through drink, even if your blood alcohol level is not tested. Similar restrictions apply for the use of drugs, including certain prescription drugs that affect your ability to drive safely. Driving with excess alcohol in your system is often treated very seriously and is more likely to result in a higher sentence, especially if you have previous convictions relating to driving while above the legal alcohol limit.

Being in charge of a vehicle

You do not need to be driving to face prosecution or be convicted. Being “in charge” of a vehicle while over the limit or unfit through drink or drugs is also an offence. A conviction carries a sentence of up to three months in prison, a fine of up to £2,500, and a possible driving ban. Courts often impose ten penalty points in these cases. If you already have two or more penalty points on your licence, this will result in an automatic ban through totting up.

Refusing to provide a specimen

If the police suspect you of drink driving, you may be asked to provide a breath, blood or urine sample for an alcohol reading. You will initially be asked for a sample at the roadside and, if it indicates that you may be over the limit, asked to give a second sample at a police station.

Refusing to do so is treated very seriously, and generally leads to penalties that are equivalent to those for being found guilty of drink driving. If you were driving or attempting to drive, the penalties include up to six months’ custody, an unlimited fine, and a ban of at least 12 months, often longer in practice.

Refusing to provide a sample when in charge of a vehicle but not driving carries a maximum of three months’ custody, a £2,500 fine, and ten points. Failing to provide a roadside breath test is a separate offence that is punishable by a fine of up to £1,000, four penalty points and a discretionary ban.

Causing death by careless driving while over the limit

The most serious drink driving offence is causing death by careless driving while over the legal alcohol limit (or refusing to provide a specimen, which is treated as though you are over the limit). The maximum sentence is life imprisonment for offences after June 2022, alongside an unlimited fine and a mandatory driving ban of at least two years. Offenders must pass an extended driving test before their licence is reinstated in these cases.

Beyond these legal penalties, convictions are recorded on your licence for 11 years and you will have a criminal record that can affect your employment, ability to travel abroad and future insurance premiums.

How a Solicitor Can Help with Drink Driving Penalties

If you are facing drink driving charges, legal representation can make a big difference. At JMW, our solicitors can assess the circumstances of your arrest, check whether correct police procedures were followed, examine the prosecution's evidence and advise on possible defences, which can help you to avoid a drink driving conviction.

Another key responsibility is to present mitigating factors during sentencing. If a driver shows remorse or was driving due to an emergency (such as a serious medical condition), the court should take this into account and avoid issuing an overly harsh penalty.