What happens if I get caught drink driving?

Can you go to prison for drink driving?

The short answer to this is: Yes.

But the severity of your sentence will vary, depending on the circumstances of your case.

The different types of drink driving punishments include:

Driving the vehicle while under the influence

Should you start the car and drive, the punishment is much more severe.

For this, you may receive:

• 6-months in prison
• An unlimited fine
• A minimum 12-month driving ban (rising to three years if convicted twice in ten years)

Refusing to provide a breath, blood or urine sample

If you are arrested for drink driving and refuse to provide a specimen.

For this, you may receive:

• • 6-months in prison
  • An unlimited fine
  • A minimum 12-month driving ban (rising to three years if convicted twice of a similar drink driving or drug driving related offence in ten years)

Causing death by driving while under the influence

As you would expect, the punishment for this is the most severe.

For this, you may receive:

• 14-years in prison
• An unlimited fine
• A minimum 2-year driving ban

You may also need to attend a Drink-drive Rehabilitation Scheme (DDRS) to sit an extended driving test before your licence is returned.

How does the court decide how much my fine will be?

Fines are split into six salary-based sentencing bands, which are:

1. Band A: 50% of relevant weekly income (between 25 – 75% of relevant weekly income)
2. Band B: 100% of relevant weekly income (between 75 – 125% of relevant weekly income)
3. Band C: 150% of relevant weekly income (between 125 – 175% of relevant weekly income)
4. Band D: 250% of relevant weekly income (between 200 – 300% of relevant weekly income)
5. Band E: 400% of relevant weekly income (between 300 – 500% of relevant weekly income)
6. Band F: 600% of relevant weekly income (between 500 – 700% of relevant weekly income)

These bands are designed to make the fining system fair for low-income people compared to high-earners.

The more you earn, the larger your fine is likely to be.

What are the risks of appealing a drink driving prosecution?

Depending on the severity of the case, the Crown Court has the power to either uphold the current penalty or even increase it – which means you could end up with a larger fine or sentence.

If I appeal, what could happen in court?

If you appeal, aggravating and mitigating factors will be taken into account when the judge passes sentence:

Aggravating Factors

If you’ve received similar convictions in the past, like:

• Driving with excess alcohol or;
• Drug driving or;
• Failure to provide a specimen

The more likely you are to receive a severe punishment, like an unlimited fine or imprisonment.

Other aggravating factors can include:

• Committing the offence while carrying passengers
• Becoming involved in an accident
• Committing the offence while on bail
• Causing injury to others
• Evidence of unacceptable standards of driving
• Committing the offence during poor road, visibility or weather conditions
• Committing the offence within the vicinity of high levels of traffic or pedestrians

Mitigating Factors

Mitigating factors are when you accept that you’re guilty, but there are mitigating circumstances you feel the court needs to be made aware of. If the court is convinced mitigating factors should be considered, you may receive unpaid community service in place of a prison sentence.

To stand any chance of winning a mitigating factors plea, we strongly recommend that you employ the services of a lawyer who specialises in road offences.

Why legal advice is essential.

The best chance of winning a road offence lawsuit. Or receiving a lesser punishment is by employing a specialist solicitor’s services, like Keep My Driving Licence.

Our solicitors will review your case and give you the best representation possible.

Need advice from a motoring offence specialist?

If you’ve received a drink driving ban, fine or sentence, it’s not the end of the road. You may have grounds for appeal, and Keep My Driving Licence would like to defend you.

Not only do we look into the facts of your case, but we also explain every possible outcome and will support you when you need it most.

Get the legal support you deserve. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.