DR60 Conviction Offence Code

What Is A DR60 Conviction Code?

A DR60 conviction code is the official DVLA endorsement for the offence of ‘Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive’.

This legal definition contains two crucial elements that set it apart from other offences. Firstly, a “specimen” refers to a sample of breath, blood, or urine that police can request at a police station to determine if you are over the prescribed alcohol limit. Secondly, the phrase “in circumstances other than driving or attempting to drive” is key. This offence applies when you are deemed to be “in charge” of a vehicle.

The concept of being “in charge” is a critical legal point. It does not require proof that you were driving. You can be considered “in charge” if you are, for example, sitting in the driver’s seat with the keys in the ignition, sleeping in your car with the keys in your possession, or even just inside the vehicle with the ability to control it. The prosecution does not need to prove you had any intention to drive.

This distinction is what separates a DR60 from the more serious DR30 offence (‘Failing to provide a specimen for analysis when driving or attempting to drive’). The legal difference between passively being “in charge” and actively “driving” is not minor; it is the central factor that dictates the severity of the charge, the range of penalties, and how long the conviction stays on your record. Because the penalties for a DR30 are far greater, a key part of our role as your solicitor is often to challenge any assertion that you were driving, which could potentially reduce a more serious charge to a DR60.

What Are The Penalties For A DR60 Conviction?

The penalties for a DR60 conviction include 10 penalty points or a discretionary driving ban, alongside either a fine up to £2,500, a community order or a potential prison sentence of up to 3 months.

The court has considerable discretion when sentencing for a DR60 offence. The final penalty depends on the specific circumstances of your case, including any aggravating or mitigating factors. This is why expert legal representation is so important; it can significantly influence the outcome. The choice between imposing penalty points or a driving ban is often the most critical decision for the court, and a skilled solicitor can present persuasive arguments in your favour.

How Many Penalty Points Do You Get For A DR60?

You will receive 10 penalty points for a DR60 conviction if the court decides not to impose a driving disqualification.

This is a fixed number of points. It is a significant amount, and it is important to remember that accumulating 12 or more penalty points on your licence within any three-year period will result in a “totting-up” disqualification, which is typically for a minimum of six months. Therefore, if you already have points on your licence, a DR60 conviction could lead to an automatic ban.

Can You Get A Driving Ban For A DR60?

Yes, you can receive a driving ban for a DR60 conviction. The court has the discretion to impose a disqualification as an alternative to penalty points.

Unlike some more serious motoring offences, a driving ban for a DR60 is not mandatory. However, magistrates can impose one if they believe the circumstances of the offence warrant it. Sentencing guidelines suggest a potential disqualification period of 6 to 12 months. The decision to impose points or a ban is a critical battleground in court. Our role at Caddick Davies is to present the full context of your case and any mitigating circumstances to persuade the court that penalty points are the more appropriate penalty, allowing you to keep your licence.

What Is The Maximum Fine And Prison Sentence?

The maximum penalty for a DR60 conviction is a fine of up to £2,500 or a custodial sentence of up to 3 months.

In addition to a fine and potential prison sentence, the court can also impose a community order. While a prison sentence is reserved for the most serious cases, the threat is real. The final sentence is determined by magistrates who follow official sentencing guidelines. They will consider the facts of the case before deciding on the most suitable penalty, which could be a combination of these options.

How Long Does A DR60 Stay On Your Licence?

A DR60 conviction code must stay on your driving record for 4 years from the date of the offence, or 4 years from the date of conviction if a disqualification is imposed.

This 4-year period is the time the endorsement is physically present on your DVLA driving record. However, this is not the only timeframe you need to be aware of. The consequences of a DR60 conviction have a long “tail” that extends beyond this period.

Under the Rehabilitation of Offenders Act 1974, you are legally required to disclose the conviction to insurers and many employers for a period of 5 years. After this rehabilitation period, the conviction is considered “spent,” and for most purposes, you no longer need to declare it. This distinction between the endorsement period and the disclosure period is a common point of confusion but has significant financial implications.

Furthermore, if the court imposes a driving ban for a DR60, you will be classified as a ‘High Risk Offender’ by the DVLA. This classification creates a significant administrative and medical hurdle. To regain your licence after the ban, you must undergo and pass a DVLA medical examination to prove you are fit to drive. This reveals a ripple effect where the initial court penalty is just the beginning of a long and challenging process.

How Does A DR60 Conviction Affect Car Insurance?

A DR60 conviction will significantly increase your car insurance premiums because insurers will view you as a high-risk driver. You may also find it difficult to get cover from mainstream providers.

When you apply for car insurance, you are legally obligated to disclose any unspent convictions. For a DR60, this period is 5 years. Failing to do so is a criminal offence and will invalidate your insurance policy, which can lead to a separate conviction for driving without insurance (IN10).

Insurers increase premiums because they see a failure to provide a specimen as a major red flag. From an underwriter’s perspective, the refusal to cooperate with a lawful police request suggests a disregard for rules and authority. They may also assume you were trying to conceal a much higher level of intoxication. This perception of risk means many standard insurers will refuse to offer a quote at all. You will likely need to seek cover from specialist brokers who deal with convicted drivers.

There are several steps you can take to try and manage these increased costs:

• Choose a less powerful car: Insuring a vehicle in a lower insurance group can help reduce your premium.
• Increase your voluntary excess: Agreeing to pay more towards any claim can lower your upfront cost, but be sure you can afford it.
• Pay annually: Paying for your policy in one lump sum is almost always cheaper than monthly instalments.
• Attend a rehabilitation course: If the court offers you the chance to complete a drink-drive rehabilitation course, doing so may be viewed favourably by some specialist insurers.

Can You Defend Against A DR60 Allegation?

Yes, it is possible to defend against a DR60 allegation. The primary defence is proving you had a ‘reasonable excuse’ for failing to provide the specimen.

The law recognises that there can be legitimate reasons why a person may be unable to provide a sample. However, a reasonable excuse must be a mental or physical inability to provide the specimen. This is a complex legal argument, and in most cases, it must be supported by expert medical evidence. The burden of proof rests on you, the defendant, to establish this inability. It is not a simple get-out clause; a successful defence hinges entirely on the quality and expert presentation of this medical evidence.

Examples of what the courts may consider a reasonable excuse include:

• A genuine medical condition: A respiratory condition like asthma or COPD could make it physically impossible to provide a sufficient breath sample. This must be supported by compelling medical evidence from your doctor or a specialist.
• A mental health condition: A severe anxiety or panic attack, or another documented mental health issue triggered by the stress of the situation, could be accepted as a reasonable excuse. Again, this requires formal medical evidence.
• A genuine phobia: If a blood sample was requested, a diagnosed and genuine phobia of needles (trypanophobia) may constitute a reasonable excuse.

Successfully arguing a reasonable excuse defence is extremely difficult without expert legal help. At Caddick Davies, we have the specialist knowledge required to build a robust defence. This involves gathering medical records, instructing the right independent medical experts to prepare reports for the court, and presenting your case in a clear and persuasive manner. If you believe you had a valid reason for not providing a specimen, it is vital that you seek legal advice immediately.

DR60 Conviction Summary Table

For a quick reference, the table below summarises the key details of a DR60 conviction.