DR40 Conviction Offence Code

Understanding DR40 Convictions and Your Legal Defence Options

What Is a DR40 Conviction?

A DR40 conviction applies when you are in charge of a vehicle whilst your alcohol level is above the prescribed legal limit. This offence is governed by Section 5(1)(b) of the Road Traffic Act 1988. The prescribed limit in England and Wales is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine.

The DR40 code is used by the DVLA and police to classify this specific drink-driving offence. Unlike more serious drink-driving convictions such as DR10, a DR40 does not require proof that you were actually driving or attempting to drive the vehicle. The prosecution must demonstrate 3 key elements: you were in charge of the vehicle, the vehicle was on a road or public place, and you were over the legal alcohol limit.

Common scenarios that result in DR40 convictions include:

• sleeping in your car after drinking,
• sitting in your vehicle with the keys whilst intoxicated,
• or being found near your vehicle in possession of the keys whilst over the limit.

The offence recognises situations where individuals have consumed alcohol but have made efforts not to drive, yet retain control or possession of their vehicle.

What Does ‘In Charge’ of a Vehicle Mean?

There is no fixed legal definition of being ‘in charge’ of a vehicle, so courts assess each case based on its individual facts and circumstances. Generally, you are considered in charge if you are the owner or lawful possessor of the vehicle, have recently driven it, are in physical proximity to it, or possess keys that fit the ignition.

What Are the Penalties for a DR40 Conviction?

If convicted, the court must impose either 10 penalty points or a discretionary disqualification of up to 12 months. The court must also impose a main sentence, which can be a fine of up to £2,500, a community order, or a custodial sentence of up to 12 weeks. All of these outcomes are available in law, and the court will decide which to impose based on the circumstances of the case.

A DR40 carries a different penalty structure from a DR10. A DR10, which involves driving or attempting to drive while over the legal limit, has a mandatory minimum 12 month disqualification. A DR40 does not carry this mandatory ban. Instead, the court has discretion to impose either points or a shorter ban, depending on the circumstances of the case.

What Is the Difference Between DR40 and DR10?

The key difference is that DR10 requires proof of driving or attempting to drive whilst over the limit, whereas DR40 only requires proof of being in charge of a vehicle. DR10 convictions carry a mandatory minimum 12-month driving ban, whilst DR40 results in 10 penalty points or a discretionary ban.

DR10 is the most serious standard drink-driving offence code and applies when you are proven to have driven or attempted to drive a vehicle with an alcohol level above the legal limit. The prosecution must establish beyond reasonable doubt that you were actually in control of the vehicle’s direction and movement. This offence carries harsher penalties including mandatory disqualification for at least 12 months, unlimited fines, and up to 6 months imprisonment.

In contrast, DR40 recognises situations where the prosecution cannot prove actual driving but can demonstrate you were in control or possession of the vehicle whilst intoxicated. The maximum penalties are lower and disqualification is discretionary rather than mandatory.

How Long Does a DR40 Stay on Your Licence?

A DR40 conviction stays on your licence for 4 years from the date of the offence, or for 4 years from the date of conviction if the court imposes a disqualification. If the court chooses to endorse your licence with 10 penalty points, those points are treated as active for totting up purposes for 3 years, although the endorsement remains visible for 4 years.

If the court imposes a disqualification instead of points, the disqualification itself lasts only for the period set by the court, while the underlying DR40 endorsement remains on your record for the same 4 year period.

This 4-year period differs significantly from more serious drink-driving codes. DR10, DR20, DR30, DR31, and DR61 convictions must remain on your driving record for 11 years from the date of conviction. DR40 falls into the less serious category alongside DR50 (in charge whilst unfit through drink), DR60 (failure to provide a specimen in non-driving circumstances), and DR70 (failing to cooperate with a preliminary test).

For insurance disclosure purposes, you must declare your DR40 conviction to insurers for 5 years under the Rehabilitation of Offenders Act, even if the conviction is still on your licence beyond this period. This declaration requirement affects your insurance options and premiums significantly during this time.

What Defences Are Available for a DR40 Charge?

The primary statutory defence for a DR40 charge is proving that there was no likelihood of you driving the vehicle whilst over the prescribed limit. This defence, established in Section 5(2) of the Road Traffic Act 1988, requires you to demonstrate on the balance of probabilities that circumstances existed which eliminated any real risk of driving whilst unfit or over the limit.

To successfully run this defence, you must satisfy the court that there was no likelihood of driving until your alcohol level fell below the legal limit. This typically requires expert evidence from a forensic specialist who can conduct a “forward calculation” to determine the time at which your alcohol level would have been below the legal limit. You must then prove you would not have driven before that time through supporting witness evidence or documentation.

Example defences include:

• demonstrating you had pre-booked alternative transport home,
• were waiting for a sober friend or family member to collect you,
• had planned to sleep for several hours before driving,
• or had no access to the vehicle (keys were with someone else).

Other factual defences may challenge whether you were truly “in charge” of the vehicle, arguing someone else had taken responsibility, you were not in possession of the keys, or there was no evidence of intention to take control by driving.

Additional technical defences may be available depending on your case circumstances. These include challenging whether the location was a public place, procedural errors in how police conducted breath tests or obtained specimens, medical conditions affecting test results, or emergency situations that necessitated being in the vehicle. At Caddick Davies, we thoroughly examine all aspects of your case to identify every possible defence strategy.

How Does a DR40 Conviction Affect Car Insurance?

A DR40 conviction significantly increases car insurance costs, with average quoted prices rising to £1,799 compared to £413 for drivers with no convictions. This represents more than quadruple the cost and reflects insurers’ assessment of convicted drink-drivers as high-risk categories.

Insurance companies view any drink-driving conviction as indicating increased likelihood of future claims. DR40 specifically results in substantial premium increases, though typically lower than more serious codes such as DR20 (driving whilst unfit through drink, averaging £4,637) or DR50 (in charge whilst unfit, averaging £3,960). The exact increase depends on your individual circumstances including age, vehicle type, location, claims history, and specific conviction details.

Why Choose Caddick Davies for DR40 Defence?

We are recognised as one of the UK’s leading specialist motoring law firms with an established reputation for successfully defending drink-driving prosecutions and minimising penalties for our clients. Our team of expert driving solicitors has represented thousands of motorists across England and Wales, giving us unrivalled expertise in DR40 cases.

We operate on a fixed fee basis with transparent pricing and no hidden costs. Many people are surprised to discover that instructing a specialist motoring solicitor does not have to cost significant amounts, with our fees beginning from £300 plus VAT. We provide national coverage at courts across England and Wales, no matter where your offence occurred. Our solicitors regularly represent clients in magistrates’ courts nationwide, from small local courts to major road traffic courts.

Our reputation is demonstrated through regular media commentary in authoritative publications and broadcasts. Our Senior Partner, Neil Davies, has a regular advice column in Auto Express Magazine, reflecting our recognised expertise. We have over 1,700 five-star reviews on Trustpilot, with clients consistently praising our professional service, clear communication, and successful outcomes. Testimonials highlight our thorough case preparation, supportive approach during stressful proceedings, and ability to achieve results that exceed client expectations.

We offer a free initial telephone consultation where you can discuss your case with a specialist motoring solicitor. During this consultation, we provide an honest assessment of the help we can give based on our vast experience of similar cases. We do not bombard you with sales talk but impress you with our knowledge of this complex and interesting area of law.

How to Get Expert Legal Help for Your DR40 Case

Contact Caddick Davies today on 03334 432 366 for a free consultation with our specialist motoring solicitors. We provide immediate advice on your DR40 charge, explain your legal options, and discuss how we can achieve the best possible outcome for your case.

Early advice from a specialist solicitor helps you understand exactly where you stand and what the charges mean for your future. Our team will review the evidence against you, identify available defences, and build a strong legal strategy to protect your driving licence. We can advise on the statutory “no likelihood of driving” defence, challenge whether you were truly in charge of the vehicle, and examine procedural issues that may strengthen your case.

If you face totting up to 12 points, we can help you prepare an exceptional hardship argument to avoid disqualification. This requires demonstrating that a driving ban would cause unusually severe consequences for you or others who depend on you, beyond the typical inconvenience of losing your licence. We gather necessary documentation and evidence, provide expert legal representation at court, and significantly improve your chances of retaining your licence.

We serve motorists throughout England and Wales including Liverpool, London, Leeds, Birmingham, Carlisle, Cardiff, Manchester, Nottingham, Sheffield, Newcastle, Norwich, and all other locations. Our flexible payment plans accommodate different budgets, ensuring specialist legal representation remains accessible to all motorists facing DR40 charges. Call us now or visit our Contact Page to make an enquiry and take the first step towards protecting your driving privileges.