Drink Driving Offence Codes

Drink driving offence codes are standardised legal classifications used by the DVLA and courts to categorise alcohol-related motoring offences in the UK. These codes, beginning with “DR” for drink-related offences or “CD” for careless driving involving alcohol, determine penalties ranging from penalty points and/or a disqualification from driving to prison sentences up to six months for standard offences, or life imprisonment for the most serious cases involving death. Understanding these codes is crucial as they remain on driving licences for four to eleven years and significantly impact insurance costs and legal outcomes.

At Caddick Davies, we specialise in defending motorists charged with drink driving offences across England and Wales. Our team of expert motoring solicitors has successfully represented thousands of clients facing all types of DR codes, helping them navigate the complexities of these serious charges and achieve the best possible outcomes in court.

Quick Reference: Drink Driving Offence Codes

* It should be noted that the offences marked with an asterix above hold a mandatory disqualification for a minimum period of 12 months. Penalty points are only applicable if there are mitigating circumstances exist (namely, “special reasons”) that convince the court to exercise discretion to step outside of the legislation.

Special reasons can include, although are not limited to, driving in an emergency, driving a short distance etc.

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What Are the Main Drink Driving Offence Codes?

The primary drink driving offence codes in the UK fall into two main categories: those beginning with “DR” (drink-related) and “CD” (careless driving involving alcohol). These codes serve as shorthand classifications that help courts, insurance companies, and legal professionals understand the specific nature and severity of alcohol-related driving offences.

The most serious drink driving codes—DR10, DR20, DR30 and DR31—remain on driving licences for eleven years from the date of conviction. These offences carry penalties of 3–11 penalty points (where special reasons exist), automatic disqualification periods and potential imprisonment of up to six months.

DR10: Driving Above the Legal Limit

DR10 is issued for driving or attempting to drive with alcohol levels above the prescribed limit. This is the most common drink driving charge, applied when breath tests show more than 35 micrograms of alcohol per 100 millilitres of breath, blood tests exceed 80 mg per 100 ml, or urine tests surpass 107 mg per 100 ml.

Convictions carry a mandatory minimum 12-month disqualification, unlimited fines or a community order or up to six months’ imprisonment. The severity of penalties increases with higher alcohol readings, following magistrates’ sentencing guidelines that range from Band C fines for readings of 36–59 micrograms (where a sample of breath has been provided) up to custodial sentences for readings of 120 micrograms and above (where a sample of breath has been provided).

DR20: Driving While Unfit Through Drink

DR20 applies when drivers are unfit through alcohol consumption, regardless of whether they exceed the legal limit. This charge focuses on impairment rather than specific alcohol levels, allowing prosecution even when readings fall below prescribed limits but the driver demonstrates clear unfitness to operate a vehicle safely.

Like DR10, DR20 carries identical maximum penalties of six months’ imprisonment, unlimited fines, a community order and a minimum 12-month disqualification. The conviction remains on driving records for eleven years and can attract 3-11 penalty points if “special reasons” exist.

DR30: Failing to Provide a Specimen

DR30 covers driving or attempting to drive then failing to supply a specimen for analysis without reasonable excuse. This offence recognises that refusing breath, blood or urine tests can be equivalent to drink driving itself, carrying identical penalties to DR10 and DR20.

Courts accept only limited “reasonable excuses” including genuine medical conditions affecting ability to provide specimens, documented mental health conditions such as severe anxiety, or proven needle phobia for blood samples. All excuses require substantial medical evidence for successful defence.

DR31: Refusing Blood Sample Analysis

DR31 specifically covers driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity. This situation typically arises when a driver is unconscious or otherwise incapacitated following an accident, and medical staff take blood samples for treatment purposes.

When the driver regains capacity, police may request permission to analyse these samples for alcohol content. Refusing this permission without reasonable excuse results in a DR31 charge, carrying the same penalties as other serious drink driving offences: 3–11 penalty points (in certain circumstances), a disqualification from driving and a fine, a community order or up to six months’ imprisonment.

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Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Which Offence Codes Apply to Being “In Charge” Rather Than Driving?

DR40, DR50, DR60 and DR61 apply to being “in charge” of a vehicle while over the limit or unfit through drink, rather than actually driving. These offences recognise that having control of a vehicle while intoxicated poses risks even without active driving.

DR40 specifically covers being in charge with alcohol levels above the legal limit. This might apply when someone is found sleeping in their car with keys accessible, or sitting in a vehicle with the potential to drive while still over the limit. The offence carries 10 penalty points or a disqualification from driving and potential fines up to £2,500, a community order or up to 12 weeks in prison.

DR50 relates to being in charge while unfit through drink, similar to DR40 but focusing on impairment rather than specific alcohol levels. DR60 covers failure to provide specimens in circumstances other than driving or attempting to drive. Both carry 10 penalty points or a disqualification from driving and a fine, community order or prison sentence. Both offences stay on licences for four years from the offence date.

DR61: Refusing Blood Sample Analysis (Non-Driving)

DR61 applies when someone refuses to give permission for analysis of a blood sample taken without consent due to incapacity, in circumstances other than driving or attempting to drive. This code covers situations where individuals are in charge of vehicles rather than actively driving when samples are taken.

Like other “in charge” offences, DR61 carries 10 penalty points or a disqualification from driving but represents a less serious category than active driving offences. The conviction remains on driving records for eleven years from the date of conviction.

What Does “In Charge” Mean?

Being “in charge” extends beyond actively driving to include situations where individuals have potential control over vehicles. Courts consider factors such as key possession, vehicle location, likelihood of driving, and circumstances leading to the situation.

Common scenarios include sleeping in cars after drinking, sitting in vehicles with engines running for warmth, or having keys while near vehicles. Defence strategies often focus on proving no intention to drive or lack of realistic driving possibility given the circumstances.

What Are the Penalties for Different Drink Driving Offence Codes?

Penalties vary significantly based on the specific offence code, alcohol levels and individual circumstances. The most serious codes (DR10, DR20, DR30 and DR31) carry up to six months’ imprisonment, unlimited fines, a community order and minimum 12-month disqualification periods.

Magistrates follow structured sentencing guidelines that increase penalties with higher alcohol readings. Starting points range from Band C fines for readings of 36–59 micrograms to custodial sentences for readings exceeding 120 micrograms (where a breath sample has been provided). Aggravating factors such as passengers, accidents or poor driving increase sentences, while early guilty pleas and genuine remorse may reduce them.

“In charge” offences (DR40, DR50, DR60 and DR61) carry lower maximum penalties of three months’ imprisonment and £2,500 fines. However, they still result in 10 penalty points and potential disqualification at court discretion.

Long-Term Consequences

Beyond immediate court penalties, drink driving convictions create lasting consequences. Insurance premiums increase significantly for years following convictions. Employment implications affect professional drivers and those requiring clean licences for work.

International travel becomes complicated, particularly to countries with strict entry requirements for criminal convictions. The conviction appears on criminal record checks for five years, potentially affecting career opportunities in regulated industries.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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How Do Death-Related Drink Driving Codes Differ?

Codes CD40, CD50, CD60 and CD70 apply to causing death by careless driving while under the influence of alcohol or drugs. These represent the most serious drink driving charges, carrying penalties up to life imprisonment and unlimited fines.

CD40 specifically covers causing death through careless driving when unfit through drink. CD50 applies to causing death by careless driving when unfit through drugs. CD60 covers causing death by careless driving with alcohol levels above the legal limit. CD70 applies to causing death by careless driving then failing to supply specimens for analysis.

All death-related codes mandate a mandatory disqualification period and extended driving tests before licence restoration. For dangerous driving, the minimum is 5 years and an extended re-test is mandatory. For careless driving, the minimum is 12 months and it is discretionary. Most cases will also result in an immediate term of imprisonment, unless there is significant mitigation to be considered. Convictions remain on driving records for eleven years and carry 3–11 penalty points in exceptional circumstances where disqualification isn’t imposed.

What About Serious Injury Codes?

While not drink-specific, DD10 (causing serious injury by dangerous driving) often involves alcohol as an aggravating factor. This offence carries a mandatory two-year disqualification and up to five years’ imprisonment. When combined with drink driving elements, courts impose sentences reflecting the enhanced seriousness of alcohol-impaired dangerous driving.

How Can Specialist Motoring Solicitors Help?

At Caddick Davies, we provide expert defence for all drink driving offence codes, using our extensive experience to achieve the best possible outcomes for our clients. Our specialist motoring solicitors understand the technical complexities of drink driving law and the procedural requirements that police must follow.

We examine every aspect of cases, from the initial stop and arrest procedures to the evidential breath test process. Many successful defences arise from procedural failures, including improper calibration of breath testing equipment, failure to follow statutory requirements or breaches of PACE codes during arrest and detention.

Our fixed-fee approach ensures transparency in legal costs, with fees starting from £300 plus VAT. We provide free initial consultations to assess cases and offer honest appraisals of achievable outcomes, only accepting cases where we believe we can add genuine value to clients’ positions.

Why Choose Specialist Legal Representation?

Drink driving charges are serious criminal offences requiring expert legal knowledge and courtroom experience to navigate successfully. The complexity of drink driving law, from technical defences to sentencing mitigation, demands specialist expertise that general criminal practitioners often lack.

Our team understands the scientific principles behind breath testing, the medical conditions that can affect readings and the procedural safeguards protecting defendants’ rights. We identify technical defences others might miss and present compelling mitigation that minimises sentences when defences aren’t available.

With over 10,000 cases handled and success rates exceeding 93%, our track record demonstrates the value of specialist representation. We secure results ranging from complete case dismissals to significant sentence reductions, helping clients retain their licences and avoid the most serious consequences of drink driving charges.

The investment in specialist legal representation often proves invaluable compared to the long-term costs of convictions, including increased insurance premiums, employment implications and personal consequences of disqualification periods. Contact Caddick Davies today for your free consultation and expert assessment of your drink driving case.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________