Drink driving is a serious criminal offence with potentially devastating consequences for both the driver and innocent parties. In this article, we’ll explore how the law handles offenders, the factors that influence sentencing, and how expert legal representation can protect your driving licence and make a significant difference in the outcome of your case.
Understanding Sentencing Guidelines
UK criminal justice law is clear on the process for sentencing offenders for the relevant offence. It enforces mandatory minimum penalties based on the offence seriousness, the offender’s culpability and other relevant factors. Whether it is the driver’s first offence or they are repeat offenders with a history of careless driving or more serious offences, the guidelines help judges and magistrates ensure the sentence imposed for each incident is consistent and fair. These guidelines can also help motorists understand what consequences they can expect if they are caught driving over the legal limit for drink or drugs.
The Scale of Penalties
Drink driving penalties in the UK are set up on a scale that allows for upward or downward adjustment of penalties based on the level of excess alcohol detected above the legal limit. It also considers all the relevant circumstances under which the offending behaviour was committed and any previous convictions. Certain other conditions apply. For example, some motorists might be eligible for a penalty reduction for a guilty plea, and different mandatory minimum penalties apply for those who have committed more than one offence.
The guidelines set alcohol limit thresholds for blood, breath, and urine, and set a starting point and range for punishments from fines and community orders to a driving ban or custodial sentence. The starting point applies to all offenders, irrespective of previous convictions or their plea. Fines for lower-level offences are determined by bands and are based on income rather than set amounts. Fines are capped at £2500 and include:
- Fine B and A – Starting point of 50% of relevant weekly income with a range of 25 – 75% of relevant weekly income.
- Fine B and B – Starting point of 100% of relevant weekly income with a range of 75 – 125% of relevant weekly income.
- Fine B and C – Starting point of 150% of relevant weekly income with a range of 125 – 175% of relevant weekly income.
There are four levels of blood sample, breath test, or urinalysis alcohol content under the guidelines used to determine offence seriousness, each with its penalty thresholds. These are:
- Breath (ug) 36 – 59 /blood (ml)81 – 137 /urine(ml)108 – 183: Starting point: Band C Fine Range: Band B – Band C Fine Disqualification: 12 – 16 months Disqualification (2nd offence in 10 years): 36 – 40 months
- Breath (ug) 60 – 89 /blood (ml) 138 – 206 /urine(ml)184 – 274: Starting point: Band C Fine Range: Band C Fine – Low-level community order Disqualification: 17 – 22 months Disqualification (2nd offence in 10 years): 36 – 46 months
- Breath (ug) 90 – 119 /blood (ml) 207 – 275 /urine(ml)275 – 366: Starting point: Medium-level community order Range: Low-level community order to high-level community order Disqualification: 23 – 28 months Disqualification (2nd offence in 10 years): 36 – 52 months
- Breath (ug) 120 – 150 and above /blood (ml) 276 – 345 and above /urine(ml)367 – 359 and above: Starting point: 12 weeks custody Range: High-level community order to 26 weeks custody Disqualification: 29 – 36 months Disqualification (2nd offence in 10 years): 36 – 60 months
Aggravating and Mitigating Factors
While the raw numbers from breath, blood, and urine analysis form the baseline for deciding the appropriate offence category and drink driving penalties, the UK criminal justice system also considers several aggravating or mitigating factors relating to the offence to determine the appropriate sentence.
Aggravating factors, including passengers, especially minors, causing an accident, relevant previous convictions, dangerous driving, or a large number of pedestrians in the area can mean a more severe penalty. Conversely, factors like a clean driving record, a serious medical condition requiring urgent action, the short distance driven, or situations where the driver’s drink was spiked can reduce the penalty.
Factors Showing Higher Culpability or Greater Level of Harm
Some conditions exacerbate drink driving offence seriousness. Poor road or weather conditions, carrying passengers, driving for hire or reward, and driving a large vehicle all indicate higher culpability. Similarly, if the offence resulted in an accident or occurred near vulnerable areas like schools, the perceived level of harm is much higher, influencing sentencing towards harsher penalties.
Lower Culpability Indicators
Conversely, the law recognises that not all offences are committed under the same moral or ethical circumstances. A genuine emergency or situations where the offender had unknowingly consumed alcohol (e.g., through spiked drinks) indicate lower culpability, potentially leading to more lenient sentencing.
How #1 Motoring Solicitors Can Help
Being found guilty of drink driving can be intimidating, but you don’t have to face this challenge alone. #1 Motoring Solicitors possess expert knowledge of motoring law, and our solicitors are prepared to defend your case by building the best possible defence based on your personal circumstances. We will examine all mitigating factors indicating lower culpability and challenge the prosecution’s evidence to protect your driving licence and reputation.
Final Thoughts
The UK’s legal system has limited tolerance for drink driving, as indicated by its strict sentencing guidelines designed to deter such behaviour, up to and including custodial sentences. Despite this, the system’s scaling and recognition of complex factors and human circumstances creates opportunities for reasoned arguments that may reduce penalties. Fortunately for drivers, this scale is relatively straightforward, with flexibility that enables solicitors to seek multiple avenues for their defence.
If you are facing a drink driving charge, representation from experienced solicitors can mean the difference between receiving the higher or lower level of penalty. Contact #1 Motoring Solicitors today to build your defence and protect your driving future.