Drink driving sentencing guidelines are in fact a set of legally binding recommendations that courts must follow when sentencing someone found guilty of any crime. These ‘rules’ for the Courts to follow are written in UK law in the the Sentencing Act 2020.
Drink Driving Sentencing Guidelines
Although they may have some use for trying to determine what a drink driving punishment might be, they are only an indication of what you might expect to receive as a sentence. The Sentencing Act 2020 states that:
Unfortunately there is no definite answer to what your sentence will be. The decision is entirely up to the Court in question and there are a lot of factors that have to be considered and taken into account prior to sentencing.
(1) Every court—
(a)must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
(b)must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.
Pay particular attention the the last sentence; “unless the court is satisfied that it would be contrary to the interests of justice to do so.“ Which means that Courts can ignore the drink driving sentencing guidelines in some cases.
Unfortunately there is no definite answer to what your sentence will be. The decision is entirely up to the Court in question and there are a lot of factors that have to be considered and taken into account prior to sentencing.
Excess Alcohol Sentencing Guidelines
Although the Sentencing Act 2020 covers all types of criminal offences, within the Act, Part 8 is specific to driving disqualification.
Where a fine is imposed by the Court should adhere to the Sentencing Act > PART 7 > CHAPTER 1 > Exercise of powers > Section 125.
Where a disqualification, or ban, is imposed by the Court it should adhere to the Road Traffic Offenders Act 1988 > Chapter 53 > Part II > Disqualification > Section 34.
Should a custodial sentence be imposed by the Court it should adhere to the Sentencing Act 2020 > Chapter 17 > THIRD GROUP OF PARTS > PART 10 > CHAPTER 1.
Is Drink Driving a Criminal Offence?
Under the Road Traffic Act 1988 Section 5 drink driving is classed as a criminal offence. And because that is the case, you will now have a criminal record and this conviction will appear on your criminal record for five years.
There are several different drink driving offences someone can commit. Which are shown below.
Drink Drive Offence Code
The sentence you receive will also be influenced by the type of drink driving offence you have been convicted of.
| Code | Offence |
| DR10 | Driving or attempting to drive with alcohol level above limit |
| DR20 | Driving or attempting to drive while unfit through drink |
| DR30 | Driving or attempting to drive then failing to supply a specimen for analysis |
| DR31 | Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity |
| DR61 | Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive |
Each and every one of the offences listed in the table above will remain on your driving record for eleven years from the date of your conviction.
| Code | Offence |
| DR40 | In charge of a vehicle while alcohol level above limit |
| DR50 | In charge of a vehicle while unfit through drink |
| DR60 | Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive |
| DR70 | Failing to co-operate with a preliminary test |
All of the codes from DR40 to DR70 listed in the table above must remain on your driving record for fours years from the date of the offence. Or four years from your date of conviction where a disqualification has been imposed.
Full details of these offence codes can be viewed on the Government’s website page Penalty points (endorsements) in the ‘Drink’ section.
Drink Driving Penalties UK
We have briefly touched on the drink driving penalties UK above, but here is a list of the main ones. And we must remind you again that the penalty you receive will depend on the Court and it taking into the various circumstances surrounding the case.
- a driving ban, also referred to in law as a disqualification, of twelve months, three years, five years or a total ban
- penalty points on your driving licence
- a fine of up to £25,000.00 or an unlimited fine
- a custodial sentence of three months to life
- having to take an extended driving test to be able to apply for a new driving licence
The Drink-driving penalties page on the Government’s website gives further details.
Drink Driving Points
| Code | Offence |
| DR10 | 3 to 11 penalty points |
| DR20 | 3 to 11 penalty points |
| DR30 | 3 to 11 penalty points |
| DR31 | 3 to 11 penalty points |
| DR61 | 10 penalty points |
The number of penalty points listed in the table above will remain on your driving licence for eleven years from the date of your conviction.
| Code | Offence |
| DR40 | 10 penalty points |
| DR50 | 10 penalty points |
| DR60 | 10 penalty points |
| DR70 | 4 penalty points |
The number of penalty points listed in the table above will remain on your driving licence for four years from the date of the offence. Or four years from your date of conviction where a disqualification has been imposed.
Drink Driving Court Outcomes
We trust we have demonstrated that drink driving court outcomes are difficult to predict. With so many varied circumstances to be taken into account for the Court to make a final sentencing decision.
Therefore LTP Driver Training cannot provide you with any advice on this matter.
We can however signpost you to the the Sentencing Council website. Their website is full of relevant information about the Court sentencing procedure. Of particular relevance is their Drink driving page.
Another potential source of help and advice is your legal representative. LTP Driver Training can highly recommend the legal firm Lucinda Dore Solicitors Ltd.
For any further information or questions please contact us, view our FAQs page and refer to our full terms and conditions.
