If you have been caught drink driving and expect to be convicted, a range of penalties may be imposed by the court. Thankfully, there are often defences available that can reduce or minimise these penalties, including the risk of a drink driving ban or of losing your licence altogether.

The expert solicitors at JMW have outstanding knowledge on the legislation regarding drink driving law, and can lend our expertise in defending your driving licence in a drink driving case. Below, we have provided a quick online calculator that can give you a sense of the possible penalties you could face for such an offence, based on the sentencing guidelines for drink driving charges. However, early intervention by an experienced solicitor can minimise the penalties imposed, even if you are found guilty.

Check our drink driving ban calculator to learn more about the penalties you could face, or contact JMWs specialist motoring offences solicitors for legal support. Call our specialists on 0345 872 6666 or complete our online enquiry form and let us know a suitable time to get in touch with you.

How the Calculator Works

Section 5 of the Road Traffic Act 1988 makes it a criminal offence to drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in a person’s breath, blood or urine exceeds the prescribed limit.

The law offers minimum sentencing guidelines for these offences based on several factors, including whether your breath/blood/urine was tested for excess alcohol, and whether the quality of the driving was in itself an offence. Our calculator asks you to provide this information so that it can estimate the minimum sentence that could be applied to your case. This range of circumstances will also determine any defences that may be available if you are alleged to be driving while over the legal limits.

What Your Calculator Result Means

There are several potential penalties that you may face for drink driving, and the court can administer them separately or as part of the same penalty. Most drink driving cases are handled by the Magistrates' Court, although cases heard in the Crown Court generally come with more severe penalties beyond the minimums imposed by the law.

The most common penalties are an unlimited fine and a mandatory 12-month disqualification from driving. While fines are technically unlimited, they are often calculated as a percentage of your relevant weekly income, although surcharge and prosecution costs can be added on top of this. For more serious offences, you are likely to receive a longer ban, and if you have received a driving ban within the last 10 years, the minimum sentence will be a three-year disqualification. For the most serious incidents, or related offences where an initial breath test (confirmed by a blood or urine reading) indicates that alcohol was a factor, the sentence can include up to six months in prison.

If you receive a disqualification, magistrates can require you to retake an extended driving test before your licence will be returned. If you are considered a ‘high risk offender’, you must pass a medical examination by a DVLA-appointed doctor before you can apply for a new licence. If you are convicted within the first two years of passing your test, you will automatically be required to reapply for a provisional licence and retake your driving theory and practical tests before returning to the road.

While these are minimums, making an early guilty plea can sometimes lead to a reduction in the sentences available. You should discuss this option with your solicitor and determine whether it is the best approach. Attending a drink-drive rehabilitation course can also reduce the length of a ban by up to 25%, and may be available if you receive a disqualification of more than 12 months.

Why Your Penalty for a Drink Driving Offence May Differ

Our calculator presents only guideline sentences for drink driving offences in England and Wales, based on the questions you answer and the general sentencing guidelines. These are not a prediction of what the court will impose, and your sentence may differ from a calculator for many reasons. The Sentencing Council guidelines place cases into brackets based on the amount of alcohol in the driver's system and offer a sentencing range on this basis.

Beyond this, the court may treat the case as more serious if aggravating factors apply. These include if there was poor driving, an accident, passengers, children in the vehicle, driving for a long distance, driving near schools or pedestrians, or evidence of deliberate risk-taking. Mitigation can also matter, and your defence solicitor should present relevant mitigating circumstances such as a show of genuine remorse, a lack of previous convictions, evidence that only a short distance was driven, or other lower-risk circumstances to minimise the sentence where possible.

Q

What happens if my calculator result shows a prison sentence?

A

If you are at risk of a prison sentence following an allegation of a drink driving-related offence, including causing death by careless driving while under the influence, you should speak to a solicitor about your options at the earliest opportunity. While there is no guarantee that you will be handed a prison sentence, a solicitor can discuss the likely outcomes based on your specific case and take whatever steps are available to minimise any penalties.

Q

Can JMW reduce the penalty the calculator shows?

A

In some cases, it may be possible to argue for a reduction in the charges that the police are pursuing, which may result in a lower sentence than those presented in our calculator. Presenting mitigating circumstances, pleading guilty in the early stages and arguing exceptional hardship are sometimes successful strategies that can limit the sentence imposed on you. Speak to an experienced solicitor for advice on how this works and what help may be available.

Q

What is the high-risk offender scheme?

A

If your alcohol level is high enough, you refused or otherwise failed to provide a specimen, or you have repeat drink-driving history, DVLA may class you as a high-risk offender. You must satisfy the DVLA that you are medically fit to drive before you can apply to have your licence back, which involves a medical assessment by an approved doctor.

Why Choose JMW?

JMW’s motoring offence solicitors are experts in drink driving law and are able to provide legal advice and representation in respect of any offences. We understand the impact a motoring conviction can have on your life and will do our utmost to reduce the outcome of your case so you can continue working and caring for your family.

As a partner-led team with many years of experience and a strong track record of success, JMW can advise you of the legal strategies available to you based on your specific circumstances. We can attend a police station with you, examine the blood, urine or breath reading or other evidence that is being used, and deliver the best possible outcome from your case.