Drink Driving Convictions List

Drink driving is one of the most serious motoring offences and, perhaps surprisingly, also one of the most common. It may be easy for drivers to forget how much alcohol they have consumed, or they may think that they will be able to get away with a short trip. Unfortunately, this is simply not good enough in the eyes of the police and those attempting to drive while even slightly over the legal limit will be severely prosecuted.

It is important for drivers to understand the drink driving convictions that they may be liable for. There are a range of drink driving offences with which you may be charged if you are caught driving while above the legal alcohol limit, and each is slightly different in terms of the penalties you may face under the sentencing guidelines. The court will also consider aggravating or mitigating factors to determine an appropriate sentence.

Here, the motoring offence experts at JMW have put together a guide to the various offences that you could be convicted for following a drunk driving incident and the penalties associated with them. This can help you to understand your legal responsibilities, the potential consequences for driving after consuming excess alcohol, and when you might be able to mount a successful defence against such a charge.

What Are the Different Drink Driving Penalties?

The penalties for a conviction of a drink driving offence depend on the severity of the incident and how intoxicated the driver was at the time. This is decided by the results of a breathalyser test done when the driver is pulled over, or by a urine or blood test conducted at the station or hospital.

The following list details the different convictions that may follow depending on the details of the incident and how the drunk driver responds to the process. It does not take into consideration the other factors that may affect a conviction, such as whether someone was injured by their actions. This could involve a separate charge of careless driving, dangerous driving or a more serious offence and will incur additional penalties alongside a drink driving conviction.

Driving While Above the Legal Limit

If the driver fails their breath/blood-alcohol test and it is found that they are above the legal alcohol limit, they will be subject to an unlimited fine, a driving ban for a minimum of one year (if it is their first offence), and a sentence of up to six months in prison. The severity of the fine and prison sentence will depend on how much harm the driver had the potential to cause due to their drink driving and how far over the limit they were.

If the driver already has a previous conviction on their driving record, or receives another within 10 years of this conviction, they will face a minimum disqualification of three years.

Being ‘In Charge’ of a Vehicle While Above the Legal Limit

Even if an intoxicated driver is not driving the vehicle, they have a responsibility to control who uses it and how. If they are allowing another person to drive a vehicle while they are above the limit, the person not driving may be charged with a fine of up to £2,500, a driving ban and a prison sentence of up to six weeks.

Similarly, if someone is in control of a stationary vehicle but there is reason to believe they may intend to drive, this can result in a conviction. While this can be easier to defend, the penalties for being in charge of a vehicle while unfit through drink - even if the vehicle is not in motion - remain the same.

Refusing to Take a Drink Driving Test (Failing to Provide a Specimen)

If the driver accused of drink driving does not accept the test, they may receive an unlimited fine, a 12-month driving ban and up to six months imprisonment. This may be increased if they are also considered to have wasted police time by refusing to take a test when they are pulled over with the intention of taking one at the station and then refusing this, too.

If you fail to provide a blood sample or take a breath or urine test, this is treated as equivalent to drink driving.

Causing Death by Careless Driving While Under the Influence of Drink or Drugs

This very serious offence is governed by the Road Traffic Act 1988 and, if you are found guilty, it comes with a mandatory minimum disqualification of at least five years and a maximum sentence of life imprisonment. You will need to re-take an extended driving test before you can return to the road. If you have been convicted of the same offence in the 10 years before your most recent conviction, this comes with a minimum six-year disqualification.

While this is a severe offence, there are mitigating factors that can be presented in your defence that can prevent you from receiving the maximum sentence in some cases. It is important to consult a solicitor at your earliest opportunity for advice and representation.

Can I Be Charged With Multiple Offences?

Depending on your driving behaviour while under the influence, you might face additional charges alongside those for a drink driving offence. For example, if you were speeding when you were caught, you may receive penalty points on your driving licence and an additional fine alongside the penalties for drink driving.

There are significant risks involved in driving while above the legal alcohol limit and some of the most serious cases result in charges of causing death by dangerous driving. If you are found guilty of this type of offence, the fact that you were driving while unfit through drink will act as an aggravating factor and result in a higher sentence. This offence comes with a maximum penalty of life in prison.

What Are Aggravating or Mitigating Factors?

Sentencing for drink driving offences depends not only on the alcohol level and the harm caused, but also on any aggravating or mitigating factors present in the case. The court will base your sentence on the level of harm or risk the offending behaviour created, and the culpability of the driver, both of which can be affected by aggravating factors and mitigating factors. These guide the court in deciding where within the sentencing range the punishment should fall. A solicitor should present mitigating factors in your favour during court proceedings to ensure you do not receive an excessively harsh sentence.

Aggravating factors increase the seriousness of the offence and can lead to a heavier penalty. Common examples include:

• A blood alcohol level far above the legal limit (the higher the reading, the more severe the offence).
• Previous convictions, especially for drink or drug driving, dangerous driving, or other serious motoring offences.
• Poor driving behaviour such as aggressive, erratic, or dangerous driving, even if no collision occurred.
• The presence of passengers, particularly children or vulnerable people.
• Causing a collision, injury, or property damage while over the limit.
• Driving a large or heavy vehicle like a lorry, bus, or taxi, which poses a higher risk to the public.
• Attempting to evade police, flee the scene of an accident or avoid arrest.
• If the alleged offence was committed while driving for commercial or professional purposes.

Courts consider these factors as showing a higher level of risk or disregard for public safety, but there may also be mitigating factors that can reduce the seriousness of the offence or provide context that may justify a lighter sentence.

Common examples of mitigating factors that your solicitor may highlight include:

• A low alcohol reading only slightly above the prescribed limit.
• A lack of previous convictions.
• An early guilty plea and demonstration of remorse, which can lead to a sentencing reduction for saving the court's time.
• Accepting responsibility and taking voluntary steps, such as attending a drink-driving rehabilitation course, to show remorse.
• Good character or community contributions, particularly if the offence is out of character and the person has otherwise been law-abiding.
• Emergency or unusual circumstances, such as driving a very short distance in a genuine emergency (such as a need to get urgent treatment for a serious medical condition).
• The impact on ‘innocent third parties’.

Mitigating factors do not excuse the offence or act as a full defence, but may persuade the court to impose a shorter ban or a lower fine or custodial term. A solicitor can discuss any mitigating circumstances that apply and advise you on structuring a defence to deliver the best possible result.