In the UK, drink driving is considered a serious criminal offence and can carry steep penalties if you are found guilty. Drink-driving penalties include a driving ban, possible prison time, and fines. Because many of these offences are considered severe, they are subject to an unlimited fine. A drink driving conviction will result in a criminal record and have a far-reaching impact on your reputation, career opportunities, and driving licence, as well as financial consequences like higher car insurance costs.
If you have been charged with a drinking and driving offence, #1 Motoring Solicitors are here to help. We specialise in representing you in court and mitigating the consequences of drink driving offences, possibly reducing your fines.
Understanding Minimum and Maximum Fines for Drink Driving
The sentencing guidelines for drink driving in the UK vary depending on the severity of the offence and any mitigating factors, such as careless driving or whether there was a genuine emergency. Other factors can include any previous convictions relating to the offence, excess alcohol in your breath, blood, or urine at the police station, and additional factors like causing an accident or death by careless driving.
If you are caught drink driving or even attempt to drive while above the legal limit, you can expect a minimum 12-month driving ban, a fine, a community order, or even up to six months in prison. There is no set minimum fine and, crucially, drink drivers face an unlimited fine, while being in charge of a vehicle while above the legal alcohol limit or unfit through drink can lead to three months imprisonment, up to £2,500 fine and a potential driving ban.
Drink Driving Fine Bands
In the interest of fairness to drivers of all income levels, fines are divided into bands based on income percentage, rather than set at specific amounts. these bands are:
- Fine Band A: 50% of relevant weekly income (between 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)
- Fine Band D: 250% of relevant weekly income (200 – 300% of relevant weekly income)
- Fine Band E: 400% of relevant weekly income (300 – 500% of relevant weekly income)
- Fine Band F: 600% of relevant weekly income (500 – 700% of relevant weekly income)
For typical drink driving offences, fine bands A-C are applied depending on the severity of the crime. In cases where the driver faces prison time or was involved in a serious incident like an accident causing death, bands D-F can apply.
How the Magistrates Court Decides Fines for Drink Drivers
When determining the fine for a drink driving offence, courts consider several key factors:
- Severity of the Offence: The higher the alcohol reading was at the time of your arrest, the higher the fine is likely to be.
- Previous Convictions: High-risk offenders with prior convictions can expect to face harsher penalties and higher fines.
- Mitigating and Aggravating Factors: The court will consider any factors that might warrant a higher or lower fine.
Mitigating factors can include whether the driver showed remorse or is of good character, whether they have a serious medical condition that necessitated driving, a mental disorder, or learning disability that impacted their diving ability, and situations where the driver’s drinks were spiked or tampered with. The distance driven is also accounted for, with short drives under the influence of drink being treated less harshly than longer trips. Factors like being the sole or primary carer for dependent relatives can also reduce the sentence.
Aggravating factors can lead to a larger fine and harsher sentencing. These can include the presence of passengers, especially minors, in the vehicle, whether there was an accident caused by attempting to drive after drinking, and how much the blood, breath test, or urine exceeds the alcohol limit.
How #1 Motoring Solicitors Can Help
Facing a drink driving charge can be intimidating, but you don’t have to face it alone. Our experienced motoring lawyers can help reduce the impact of a charge:
Defence and Mitigation
- Defence Advice: If your case’s circumstances suggest a potential defence to an allegation of drink driving, our solicitors can help you explore this avenue.
- Mitigation: We offer expert mitigation advice to potentially shorten the length of your driving ban or reduce your fine.
- Special Reasons: We can argue special reasons exist that should prevent a disqualification, even if you are found guilty of drink driving.
Preparation for Defence
- Expert Preparation: Our team will prepare your defence by contacting witnesses, challenging legal technicalities, and ensuring the correct procedures were followed by the police.
- Expert Reports: We can instruct a Drink Driving Toxicologist and Medical Experts to support your defence.
Drunk in Charge Defence
- No Mandatory Ban: Being drunk in charge of a motor vehicle doesn’t automatically result in a driving ban, but it can lead to penalty points or disqualification. Our solicitors have successfully defended clients by proving there was no intention to drive while unfit.
Final Thoughts
Drink driving charges carry significant penalties, but with the right legal advice and support, it’s possible to minimise the impact on your life. At #1 Motoring Solicitors, we understand the complexities of motoring law and can provide the expert representation you need to challenge a drink driving charge and reduce any fines. Our goal is to ensure the best possible outcome for our clients.
Contact #1 Motoring Solicitors today to discuss how we help secure a favourable resolution to your case.