Drink Driving (drive/attempt to drive)

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:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

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:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-in-charge-revised-2017/

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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.