Drink Driving Sentencing Guidelines: Understanding the UK’s Legal Framework

Drink driving sentencing guidelines play a crucial role in determining the consequences for those convicted of driving under the influence in the UK. These guidelines, revised in 2017, provide a structured approach for Magistrates and District Judges to assess and sentence offenders. 

Drink driving is an extremely common motoring offence, whereby a person drives or attempts to drive a motor vehicle on a road or other public place, pursuant to Section 5(1)(a) of the Road Traffic Act 1988.

The Sentencing Guidelines for the offence are strict and vary depending on the level of the evidential sample provided and the aggravating factors present.

Read on for a breakdown of the drink driving sentencing guidelines, an explanation of the legal limits, categorisation of offences, and factors that influence sentencing decisions. 

Whether you’re facing charges or simply seeking information, understanding these guidelines is essential for navigating the complexities of drink driving laws in the UK.

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Seeking Expert Representation for Drink Driving Cases

While the drink driving sentencing guidelines provide a framework for penalties, each case is unique and may have mitigating circumstances. If you’re facing drink driving charges, it’s crucial to seek expert legal representation to navigate the complex legal landscape and potentially mitigate the severity of your sentence.

 Don’t face drink driving charges alone. Contact Caddick Davies for a free consultation on 0333 443 2366 or at info@caddickdavies.co.uk. Our team of expert solicitors will provide you with tailored advice and robust representation, ensuring your rights are protected throughout the legal process.

UK Legal Limits for Drink Driving: Understanding Blood, Breath, and Urine Thresholds

Understanding the legal limits for a drink driving offence is crucial for all drivers in the UK. These limits are precisely defined and vary depending on the type of sample provided. Authorities may test for alcohol levels using your breath, blood, or urine. 

Here are the current legal limits in England, Wales, and Northern Ireland:

• Blood: 80 milligrams of alcohol per 100 millilitres of blood 
• Breath: 35 micrograms of alcohol per 100 millilitres of breath 
• Urine: 107 milligrams of alcohol per 100 millilitres of urine 

It’s important to note that these limits are not a guide for how much you can drink before driving. The safest approach is always to avoid alcohol completely if you plan to drive.

Regional Variations: Be aware that legal limits can differ in other parts of the UK. For instance, Scotland has stricter limits:

• Blood: 50 milligrams of alcohol per 100 millilitres of blood 
• Breath: 22 micrograms of alcohol per 100 millilitres of breath 
• Urine: 67 milligrams of alcohol per 100 millilitres of urine 

If you’re travelling within the UK or abroad, always check and adhere to local drink driving laws, as they may vary significantly from these guidelines on drink driving offences.

Remember, the only foolproof way to ensure you’re under the legal limit is to not drink at all before driving. Factors such as body weight, metabolism, and food consumption can affect how your body processes alcohol, making it difficult to accurately gauge your blood alcohol content based on the number of drinks consumed.

Understanding Magistrates’ Drink Driving Sentencing Guidelines: Purpose and Application

 The Magistrates Guidelines are created by the Sentencing Council, subject to Section 120 of the Coroners and Justice Act 2009. These guidelines are provided for a range of specific offences. The guidelines provide guidance on

• how the Court fulfils its duty under section 73 of the Sentencing Code 
•  how to reduce sentences for guilty pleas 
•  how to apply rules of law and the totality of sentences 
• how the guidelines apply to the offence 

Every Court must follow the relevant Sentencing Guidelines for the offence in question and must follow any sentencing guidelines which are relevant to the exercise of the function unless the Court determines it would not be in the interests of justice to do so. (Section 59(1) of the Sentencing Code).

The Magistrates Sentencing Guidelines only apply to offenders over the age of 18 and any maximum sentence that is applied to an offence, can only be the maximum that applied at the date the offence was committed.

Determining Your Sentence: Drink Driving Categories and Corresponding Penalties

When determining where you may fall within the sentencing guidelines, you will first need to look at the level of alcohol within the specimen you provided, as the guidelines are divided into four categories based on this information as follows:

Category Four

You will fall into category four if you have provided a breath specimen of 36ug – 56ug, a blood specimen of 81 mg – 137 mg or a urine specimen of 108mg – 183mg.

 This category carries a potential sentence of:

• a twelve to sixteen-month driving disqualification 
• a band B to C fine (100-150% of your relevant weekly income). 

However, if this is your second offence of this nature within the preceding ten years, you are subject to a 36 – 40 month driving disqualification.

Category Three 

You will fall into category three if you have provided a breath specimen of 60 ug – 89ug, a blood specimen of 138 mg – 206mg or a urine specimen of 184 mg – 274 mg.

This category carries a potential sentence of:

•  a seventeen to twenty-two month driving disqualification 
• a low level community service order (40 – 80 hours of unpaid work) 
• a C fine (150% of your relevant weekly income). 

However, if this is your second offence of this nature within the preceding ten years, you are subject to a 36 – 46 month driving disqualification.

Category Two

You will fall into category two if you have provided a breath specimen of 90 ug – 119ug, a blood specimen of 207mg – 275mg or a urine specimen of 275mg – 366mg.

This category carries a potential sentence of:

• a twenty- three to twenty – eight month driving disqualification 
• a low (40 to 80 hours of unpaid work) to high (150 – 300 hours of unpaid work) 
• level community service order 

However, if this is your second drink driving offence of this nature within the preceding ten years, you are subject to a 36 – 52 month driving disqualification.

Category One

You will fall into category one if you have provided a breath specimen of 120 ug – 150 ug+, a blood specimen of 276mg – 345+mg or a urine specimen of 367 mg – 459+mg.

This category carries a potential sentence of:

• a twenty nine to thirty six month driving disqualification (to be extended if imposing immediate custodial sentence) 
•  a high level community order (150- 300 hours of unpaid work) 
•  a custodial sentence of up to 26 weeks 

 If this is your second offence of this nature within the preceding ten years, you are subject to a 36 – 60 month driving disqualification.

It is important to note that this offence carries a mandatory minimum sentence of a twelve month driving disqualification, which increases to a minimum sentence of three year driving disqualification, if you have been convicted of a relevant offence in the preceding ten years.

Aggravating and Mitigating Factors in Drink Driving Sentences: What Affects Your Penalty?

When determining your sentence, the Court will also take into consideration aggravating and mitigating factors that are relevant to your specific case.

Aggravating factors increase the serious nature of your case and in turn may increase the sentence you receive. 

Aggravating factors that could be considered in drink driving sentencing include but are not limited to:

• If you have previous conviction of the same nature (for e.g., drink driving, drug driving, failure to provide etc.) 
• If you have failed to comply with current court orders 
• If you have committed the offence whilst on bail 
• If you have committed the offence whilst carrying passengers in the vehicle 
• If you have committed the offence in a goods vehicle such as a HGV 
• If you have committed the offence whilst on licence or under post sentence supervision 
• If you have committed the offence whilst there were poor road or weather conditions (for e.g., dark, rainy weather or uneven road surfaces) 
• If you were driving for hire or reward whilst the offence was committed (for e.g., as a taxi or Uber driver) 
• If you were involved in a collision at the time or as a result of the offence 
• If there was a high level of traffic or pedestrians in the vicinity of where the offence was committed. For e.g., if the offence was committed near a school or on a high street 

 The Court will also take into consideration mitigating factors that may reduce the serious nature of the offence or evidence of your personal mitigation. Mitigating factors include but are not limited to:

• If you have no previous convictions of this nature and have held your licence for a long period of time. 
• If you believe your drink may have been spiked (but this would not amount to a special reason argument) 
• If a genuine emergency was established (but this would not amount to a special reason argument) 
• If you are the sole or primary carer for dependant relatives. For e.g., if you provide caregiving for unwell or disabled family members. 
• If you suffer from mental illness or a learning disability 
• If you suffer from a serious medical condition yourself, which requires urgent or long term treatment 
•  If you are remorseful for having committing the offence 
• If you are a person of good character and having committed the offence is out of character for you 
• If you only travelled a short distance at the time of the offence (but this would not amount to a special reason argument) 
• If a driving disqualification would result in the loss of your employment and impact you financially 
• If you have any children or dependants  

Advancing mitigation to the Court may also increase your chances of obtaining a drink drive awareness course, which upon completion will reduce your driving disqualification by 25%.

If you enter a guilty plea at your first hearing/first opportunity, the Court will also take this into consideration and reduce your financial penalty by a third as credit for doing so.

Serious Consequences: Enhanced Sentences for Injury or Death Caused by Drink Driving

It is important to note that the above sentencing guidelines only apply to matters that are heard within the Magistrates Court and solely for the offence of Drink Driving. If you have injured/killed someone as a result of drink driving, then the sentence you receive changes significantly.

Dependant on the circumstances of your case, you could be charged with:

•  Causing Serious Injury by Dangerous Driving 
• Causing Serious Injury by Careless Driving 
•  Causing Death by Dangerous Driving 

All the aforementioned offences are very serious and carry a high risk of a custodial sentence. If you have been charged with any of these offences and have been found to be under the influence of alcohol, this could further aggravate the sentence you receive. 

If you have been charged with causing serious injury or death by dangerous driving, we would advise speaking with a solicitor at your earliest opportunity.

Legal Assistance for Drink Driving Sentencing 

If you have been charged with drink driving and require representation or would just like further guidance determining the sentence you may receive, please contact our team on 0333 443 2366 or at info@caddickdavies.co.uk for a free consultation.

At Caddick Davies, we understand the significant impact a driving ban can have on your life, affecting your ability to work, care for dependents, and maintain your daily routine. Our experienced solicitors specialise in drink driving cases and can guide you through the entire process, from understanding the sentencing guidelines to presenting your case effectively in court.

We can help you:

• Understand how the drink driving sentencing guidelines apply to your specific case 
• Identify and present relevant mitigating factors 
• Explore potential defences or special reasons arguments 
• Advise on the possibility of attending drink drive awareness courses to reduce disqualification periods 
• Represent you in court to achieve the best possible outcome 

Remember, while the sentencing guidelines are strict, having skilled legal representation can make a significant difference in the outcome of your case. Let us help you navigate this challenging situation and work towards the most favourable resolution possible.

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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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