https://www.legislation.gov.uk/ukpga/1988/52/section/5
Road Traffic Act 1988 Sec 5(1)(a):
- If a person drives or attempts to drive a motor vehicle
- On a road or other public place,
- After consuming so much alcohol
- That the proportion of it in his breath, blood or urine exceeds the prescribed limit
- He is guilty of an offence
This is a serious offence and the penalties imposed on conviction reflect the seriousness of this offence. It ranges from:
- A driving ban for minimum 1 year
- Ban for 3 years if convicted twice in 10 years)
- Custody for 3 – 6 months (if aggravating factors are present)
- Unlimited fine
According to the Sentencing Guidelines:
Whilst you can be banned for a minimum period of 12 months, if your reading was very high, or your driving caused a serious accident, you may run the risk of a custodial sentence. The other penalties include a community order, a heavy fine or both. You will also pay the court costs and a victim surcharge.
You may be able to reduce your ban by taking a drink-drive rehabilitation scheme (DDRS) course if you’re banned from driving for 12 months or more. It’s up to the court to offer this.
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Points Code Offence Points
DR10 Driving or attempting to drive with alcohol level 3-11
above limit
Code DR10 must stay on a driving record for 11 years from the date of the conviction.
Being in charge:
Road Traffic Act 1988 Sec 5(1)(b):
- If a person is in charge of a motor vehicle on a road or other public place,
- After consuming so much alcohol
- That the proportion of it in his breath, blood or urine exceeds the prescribed limit
- He is guilty of an offence.
This is a serious offence and the penalties imposed on conviction reflect the seriousness of this offence.
Penalties can range from:
- Driving ban for 6-12 months
- If not disqualified 10 points on licence
- 6 weeks – 3 months custody
- Fine - Up to £2500.00
Sentencing guideline for the offence:
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Points Code Offence Points
DR40 in charge of a vehicle while alcohol level 10
above limit
DR50 in charge of a vehicle while unfit through drink 10
Codes DR40 and DR50 must stay on a driving record for 4 years from the date of the offence or 4 years from date of conviction where a disqualification is imposed.