Magistrates' Sentencing Guidelines for Drink Driving
Below are the Magistrates' sentencing guidelines for drink driving / excess alcohol (for both 'drive / attempt to drive' and 'in charge'). If you're looking to challenge a drink driving offence at court, or before it reaches court, or are look to mitigate in order to get a ban reduction we highly recommend you speak to a solicitor. If you have any questions about the guidelines, please call us.
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Guidelines for Excess alcohol (drive/attempt to drive)
Road Traffic Act 1988, s.5(1)(a)
Triable only summarily
Maximum: Level 5 fine and/or 6 months
- Must endorse and disqualify for at least 12 months
- Must disqualify for at least two years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years
- Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence.
Offence seriousness (culpability and harm) A. Identify the appropriate starting point Starting points based on first time offender pleading not guilty |
Level of alcohol | Starting Point | Range | Disqualification | Disqual (2nd offence in 10 years) | ||
Breath μg | Blood ml | Urine ml | ||||
36 - 59 | 81 - 137 | 108 - 183 | Band C Fine | Band C Fine | 12 - 16 Months | 36 - 40 Months |
60 - 89 | 138 - 206 | 184 - 274 | Band C Fine | Band C Fine | 17 - 22 Months | 36 - 46 Months |
90 - 119 | 207 - 275 | 275 - 366 | Medium level community order | Low to High level community order | 23 - 28 Months | 36 - 52 Months |
120 - 150 and above | 276 - 345 and above | 367 - 459 and above | 12 Weeks Custody | High level community order to 26 weeks custody | 29 - 36 Months | 36 - 60 Months |
Offence seriousness (culpability and harm) B. Consider the effect of aggravating and mitigating factors (other than those within examples above) |
Factors indicating higher culpability
|
Factors indicating lower culpability
|
Advice on Drink Driving
We've outlines some issues and defences that may arise when defending an allegation of drink driving. Click to read more.Guidelines for Excess alcohol (in charge)
Road Traffic Act 1988, s.5(1)(b)
Triable only summarily
Maximum: Level 4 fine and/or 3 months
Must endorse and may disqualify, if no disqualification, impose 10 points
Offence seriousness (culpability and harm) A. Identify the appropriate starting point Starting points based on first time offender pleading not guilty |
Level of alcohol | Starting Point | Range | ||
Breath μg | Blood ml | Urine ml | ||
36 - 59 | 81 - 137 | 108 - 183 | Band B Fine | Band B Fine 10 Points |
60 - 89 | 138 - 206 | 184 - 274 | Band B Fine | Band B Fine 10 Points OR consider disqualification |
90 - 119 | 207 - 275 | 275 - 366 | Band C Fine | Band C Fine to Medium level community order 10 Points OR consider disqualification up to 6 months |
120 - 150 and above | 276 - 345 and above | 367 - 459 and above | Band C Fine | Low level community order to 6 weeks custody disqualification 6 - 12 months |
Offence seriousness (culpability and harm) B. Consider the effect of aggravating and mitigating factors (other than those within examples above) |
Factors indicating higher culpability
|
Factors indicating lower culpability
|
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What Are The Fines?
Starting Point | Range | |
Fine Band A | 50% of relevant weekly income | 25 - 75% of relevant weekly income |
Fine Band B | 100% of relevant weekly income | 75 - 125% of relevant weekly income |
Fine Band C | 150% of relevant weekly income | 125 - 175% of relevant weekly income |
Maximum Level Fines
Level 1 | £200 |
Level 2 | £500 |
Level 3 | £1000 |
Level 4 | £2500 |
Level 5 | £5000 |
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