DR50 Conviction Offence Code

DR50 Conviction Code Explained – Penalties, Defences & Advice

A DR50 conviction is an endorsement placed on your driving licence for the offence of being ‘in charge of a vehicle while unfit through drink’. Unlike mandatory disqualification for driving under the influence, a driving ban for a DR50 offence is discretionary. This means the court will decide whether to disqualify you based on the circumstances.

If you are convicted of a DR50 offence, the penalties can include:

• Penalty Points: A mandatory endorsement of 10 penalty points on your driving licence (unless a disqualification is imposed).
• Disqualification: The court may impose a driving ban (discretionary disqualification) or an interim disqualification until sentenced.
• Fines and Custody: There will also be either a fine (up to £2,500), a community order, or, in the most serious cases, a prison sentence of up to 3 months.

As specialist motoring solicitors who deal exclusively with road traffic law, we have successfully represented thousands of motorists facing charges just like this. We will break down what the charge means, the potential penalties, the significant impact on your car insurance, and the legal defences that may be available to you. Understanding the specifics of a DR50 charge is the first step, and securing expert legal advice from a dedicated motoring solicitor can make a critical difference to the outcome of your case.

What Is A DR50 Conviction?

A DR50 conviction is for the offence of being in charge of a motor vehicle on a road or in a public place while being unfit to drive through drink, contrary to Section 4(2) of the Road Traffic Act 1988

The most important aspect of this offence is that it does not require you to have been driving the vehicle. The prosecution only needs to prove that you were ‘in charge’ of it and that your ability to drive was impaired by alcohol.

Crucially, a DR50 conviction can be imposed even if you are below the legal alcohol limit. The focus of the law is not on a specific measurement from a breathalyser, but on whether you were ‘unfit’ to drive. This is often based on the subjective observations of a police officer, who will assess your physical state, coordination, speech, and overall behaviour. Because this assessment is a matter of opinion rather than scientific fact, it can be a key area for legal challenge by an experienced solicitor.

What Does ‘In Charge Of A Vehicle’ Mean In Law?

There is no precise legal definition of being ‘in charge’ of a vehicle; it is a matter for the court to decide based on the specific facts of each case.

However, legal precedent has established that the main factor is whether you had control of the vehicle. A strong indicator of this is who had possession and control of the car keys. If you were inside or near the vehicle with the keys, a court is likely to consider you to be in charge.

The circumstances of each case are vital. For example, a person found sleeping in the driver’s seat with the keys in the ignition is almost certain to be deemed ‘in charge’. A person sleeping on the back seat with the keys in their pocket presents a more ambiguous situation.

The prosecution must prove beyond a reasonable doubt that you were in charge. The lack of a rigid legal definition creates a complex area of law where the arguments presented by a specialist solicitor can be decisive in persuading the court.

What Are The Penalties For A DR50 Conviction?

How Many Penalty Points Will I Receive For A DR50?

You will receive 10 penalty points on your driving licence for a DR50 conviction, if a driving disqualification is not imposed.

This is a fixed number if the court decides not to impose a driving disqualification. Receiving 10 points is a serious matter, as it brings you very close to the 12-point limit for a ‘totting up’ disqualification.

If you accumulate 12 or more points within a 3-year period, you will face a minimum 6-month driving ban, unless you can successfully argue that a ban would cause ‘exceptional hardship’.

How Long Does A DR50 Stay On Your Licence?

A DR50 conviction code stays on your driving record for 4 years from the date of the offence.

If the court imposes a disqualification, the endorsement remains on your record for 4 years from the date of the conviction.

It is important to understand the distinction between how long the code remains on your record and how long you must declare it to others. Under the Rehabilitation of Offenders Act 1974, you are typically required to disclose the conviction to insurance companies for a period of 5 years.

Can You Be Disqualified From Driving For A DR50 Offence?

Yes, a court has the discretionary power to impose a driving disqualification for a DR50 offence instead of penalty points.

This is a critical distinction between a DR50 and more serious offences like driving with excess alcohol (DR10), where a ban is mandatory.

Because the ban is discretionary, the court can be persuaded to impose penalty points instead. Presenting a strong case for mitigation is therefore essential. This involves highlighting factors such as the lack of any intention to drive, the specific circumstances of the offence, and the impact a disqualification would have on your livelihood and family. This is where the expertise of a specialist motoring solicitor becomes invaluable.

What Is The Maximum Fine And Prison Sentence For A DR50?

The maximum penalty for a DR50 conviction is a £2,500 fine and a 3-month prison sentence.

A custodial sentence is extremely rare and reserved for only the most serious cases with significant aggravating factors. Any fine imposed by the Magistrates’ Court is means-tested, meaning it is calculated based on your weekly income.

The court will assess your financial circumstances to determine a fine that is proportionate to both the offence and your ability to pay.

How Does A DR50 Conviction Affect Car Insurance?

Why Does A DR50 Conviction Increase Insurance Premiums?

Insurers increase premiums because a DR50 conviction classifies you as a high-risk driver with a greater likelihood of being involved in an accident.

From an insurer’s perspective, a conviction for being in control of a vehicle while impaired by alcohol suggests a higher risk of future claims. Their pricing models are based on statistical risk, and drivers with such convictions are seen as more likely to reoffend or exhibit poor judgment. This perceived risk leads directly to higher premiums to offset the increased potential for the insurer to have to pay out on a claim.

Are There Ways To Lower Insurance Costs After A DR50 Conviction?

Yes, there are several strategies to help lower insurance costs, such as using a telematics ‘black box’ policy or increasing your voluntary excess.

While you will face higher premiums, you can take steps to manage the cost. These include:

• Using a Telematics Policy A ‘black box’ device monitors your driving habits. Consistently safe driving can lead to lower premiums.
• Increasing Voluntary Excess Agreeing to pay more towards any potential claim can reduce your overall premium, but you must ensure the excess is affordable.
• Adding a Low-Risk Named Driver Adding an experienced driver with a clean record to your policy can sometimes lower the average risk and the premium.
• Completing a Rehabilitation Course If the court offers you the chance to complete a Drink-Drive Rehabilitation Scheme (DDRS), doing so can sometimes be viewed favourably by specialist insurers.

Can A DR50 Charge Be Defended?

Yes, there are several potential defences to a DR50 charge, and specialist legal representation can significantly increase your chances of a successful outcome.

An allegation of being in charge while unfit is not always straightforward for the prosecution to prove. The evidence is often subjective, and the legal definitions are open to interpretation. At Caddick Davies, we meticulously examine every aspect of the prosecution’s case to identify weaknesses and build a robust defence.

What Is The Main Statutory Defence For A DR50 Charge?

What Other Potential Defences Or Mitigating Factors Exist?

Yes, other potential defences include challenging procedural errors made by the police or arguing that you were not legally ‘in charge’ of the vehicle.

Our specialist solicitors will explore every possible avenue for your defence, including:

How Does A DR50 Differ From Other Drink Driving Codes?

The various drink driving offence codes can be confusing, but they relate to very different circumstances and carry different penalties. Understanding these distinctions is key.

A DR50 is one of several codes related to being ‘in charge’ of a vehicle, which is treated less severely by the law than actively driving while under the influence.

The table below compares the most common drink-related driving offences.

DR50 vs DR40: What Is The Difference?

The key difference is the evidence required: a DR50 is for being ‘unfit’ through drink (a subjective assessment), while a DR40 is for being over the prescribed alcohol limit (an objective measurement).

Both offences relate to being ‘in charge’ of a vehicle rather than driving it, and both carry the same penalty of 10 points or a discretionary ban.

The choice of charge depends on the evidence the police have. If they have a breath, blood, or urine reading that is over the legal limit, they will charge with DR40. If there is no such reading, or the reading is below the limit, but they believe you were still impaired, they will charge with DR50 based on their observations.

DR50 vs DR10/DR20: What Is The Difference?

The difference is the action: DR50 is for being ‘in charge’ of a vehicle, whereas DR10 and DR20 are for actively ‘driving or attempting to drive’.

This is the most significant distinction in drink driving law. The act of driving while unfit or over the limit is considered far more serious and therefore carries much heavier penalties. A conviction for DR10 or DR20 results in a mandatory driving disqualification of at least 12 months for a first offence, along with a potentially unlimited fine and, in some cases, a prison sentence.

The DR50 offence recognises that while being in control of a vehicle while intoxicated is risky, it does not pose the same immediate danger as actively driving it.

Why Choose Caddick Davies For A DR50 Offence?

If you are facing a DR50 charge, choosing the right legal representation is the most important decision you will make. At Caddick Davies, we are not general practice lawyers; we are specialist motoring solicitors. This is all we do. This singular focus gives us an unrivalled level of expertise and experience in successfully defending motorists across England and Wales.

We understand the nuances of a DR50 case, from challenging the subjective evidence of a police officer to building a compelling argument that there was no likelihood of you driving. Our team is highly skilled in presenting mitigation to persuade the courts to impose penalty points rather than a discretionary ban, protecting both your licence and your livelihood.

We believe in transparency and accessibility, which is why we offer a Free Initial Consultation to discuss your case and provide clear, honest advice on your options. All our services are provided on a Fixed Fee Basis, so you will know the exact cost of your legal representation from the outset, with no hidden charges.

A DR50 charge is serious, but it can be defended. Contact us today for expert advice from the UK’s leading motoring solicitors.