Is drink driving a criminal offence? And what are the likely sentences?

The short answer to this is: Yes. Drink driving carries a mandatory disqualification period, with the length of the ban depending on the level of alcohol in your system. The minimum disqualification is 12-months (Road Traffic Offenders Act 1988 section 34), but as you will see in our table below, this increases with the amount of alcohol on your breath, blood and urine samples: The minimum period of disqualification increases to 2-years if you’ve been disqualified on two or more occasions for a period of 56 days or more within 3-years. And will increase to 3-years if in the past 10-years you’ve been convicted of any of the following offences: ● Causing death by careless driving while under the influence ● Driving or attempting to drive while unfit to do so ● Driving or attempting to drive while over the limit ● Failing to provide a specimen while suspected of driving or attempting to drive under the influence And while drink driving is obviously a criminal offence, there are ways to avoid a drink driving charge.

How do I get off drink driving If I am guilty?

The prosecution must prove the case against you as the defendant so you have the right to plead not guilty. Why? Because even if you were over the limit, you have a right to challenge the allegations so you can check the evidence against you. This means, not only can you continue driving for up to 6-months after your charge, you also get to see the full case the Crown Prosecution Service (CPS) has against you. This will include: ● Witness statements ● Police procedure during the arrest ● The MGDD document (The forms used by the police during drink and drug arrests which contain the procedure they have to follow and the questions they should ask) Only by checking the evidence against you can you find fault with it to mount a strong defence. And even if all of the above aren’t helpful to your defence, there are arguments you can put forward to help you receive a less severe punishment. These include: Special Reasons To state special reasons as part of your defence, you must be able to prove: ● You were moving the vehicle a very short distance for safety purposes ● Your drink was spiked ● You were sleepwalking ● Driving was unavoidable due to an emergency Drivers Rehabilitation Course At court, you can request to attend a drivers rehabilitation course. And if approved by the court, you: ● Are contacted by course organisers ● Pay for the course, which costs between £150-£200 (which is cheaper than a fine) ● You take the course, which lasts around 5-days ● The course organisers inform the DVLA of course completion Once informed, your ban is then reduced 25% (down to 9-months on a 12-month conviction). Requesting a drivers rehabilitation course shows you’re willing to make amends for your actions and will be looked on favourably by the court. Personal Mitigation You can cite personal mitigation to reduce your disqualification, with reasons including: ● You have a serious medical condition requiring urgent or long term treatment ● Your age or lack of maturity affects the responsibility of your actions ● You have a learning disability or mental health disorder ● You are the primary or sole carer for dependent relatives/friends/clients Personal & Work References Citing personal and work references include: ● Character references from a long-term friend, family member, employer, associate or somebody with recognition in their profession, e.g. doctor, police officer, priest ● No previous, relevant or recent convictions ● Exemplary good character and conduct *** Please be aware that while the above can help reduce your sentence, they’re unlikely to get all charges against you dropped.

Do you need a drink drive solicitor who is the best?

Whether you’re guilty of drink driving, or have grounds for appeal, Keep My Driving Licence can help defend you. Not only by looking into the facts of your case. But also by explaining every possible outcome - so you get the right advice and support you when you need to get the best possible outcome from your case. Get the right legal support. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Is drink driving a criminal offence? And what are the likely sentences?

The short answer to this is: Yes. Drink driving carries a mandatory disqualification period, with the length of the ban depending on the level of alcohol in your system. The minimum disqualification is 12-months (Road Traffic Offenders Act 1988 section 34), but as you will see in our table below, this increases with the amount of alcohol on your breath, blood and urine samples: The minimum period of disqualification increases to 2-years if you’ve been disqualified on two or more occasions for a period of 56 days or more within 3-years. And will increase to 3-years if in the past 10-years you’ve been convicted of any of the following offences: ● Causing death by careless driving while under the influence ● Driving or attempting to drive while unfit to do so ● Driving or attempting to drive while over the limit ● Failing to provide a specimen while suspected of driving or attempting to drive under the influence And while drink driving is obviously a criminal offence, there are ways to avoid a drink driving charge.

How do I get off drink driving If I am guilty?

The prosecution must prove the case against you as the defendant so you have the right to plead not guilty. Why? Because even if you were over the limit, you have a right to challenge the allegations so you can check the evidence against you. This means, not only can you continue driving for up to 6-months after your charge, you also get to see the full case the Crown Prosecution Service (CPS) has against you. This will include: ● Witness statements ● Police procedure during the arrest ● The MGDD document (The forms used by the police during drink and drug arrests which contain the procedure they have to follow and the questions they should ask) Only by checking the evidence against you can you find fault with it to mount a strong defence. And even if all of the above aren’t helpful to your defence, there are arguments you can put forward to help you receive a less severe punishment. These include: Special Reasons To state special reasons as part of your defence, you must be able to prove: ● You were moving the vehicle a very short distance for safety purposes ● Your drink was spiked ● You were sleepwalking ● Driving was unavoidable due to an emergency Drivers Rehabilitation Course At court, you can request to attend a drivers rehabilitation course. And if approved by the court, you: ● Are contacted by course organisers ● Pay for the course, which costs between £150-£200 (which is cheaper than a fine) ● You take the course, which lasts around 5-days ● The course organisers inform the DVLA of course completion Once informed, your ban is then reduced 25% (down to 9-months on a 12-month conviction). Requesting a drivers rehabilitation course shows you’re willing to make amends for your actions and will be looked on favourably by the court. Personal Mitigation You can cite personal mitigation to reduce your disqualification, with reasons including: ● You have a serious medical condition requiring urgent or long term treatment ● Your age or lack of maturity affects the responsibility of your actions ● You have a learning disability or mental health disorder ● You are the primary or sole carer for dependent relatives/friends/clients Personal & Work References Citing personal and work references include: ● Character references from a long-term friend, family member, employer, associate or somebody with recognition in their profession, e.g. doctor, police officer, priest ● No previous, relevant or recent convictions ● Exemplary good character and conduct *** Please be aware that while the above can help reduce your sentence, they’re unlikely to get all charges against you dropped.

Do you need a drink drive solicitor who is the best?

Whether you’re guilty of drink driving, or have grounds for appeal, Keep My Driving Licence can help defend you. Not only by looking into the facts of your case. But also by explaining every possible outcome - so you get the right advice and support you when you need to get the best possible outcome from your case. Get the right legal support. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Is drink driving a criminal offence? And what are the likely sentences?

The short answer to this is: Yes. Drink driving carries a mandatory disqualification period, with the length of the ban depending on the level of alcohol in your system. The minimum disqualification is 12-months (Road Traffic Offenders Act 1988 section 34), but as you will see in our table below, this increases with the amount of alcohol on your breath, blood and urine samples: The minimum period of disqualification increases to 2-years if you’ve been disqualified on two or more occasions for a period of 56 days or more within 3-years. And will increase to 3-years if in the past 10-years you’ve been convicted of any of the following offences: ● Causing death by careless driving while under the influence ● Driving or attempting to drive while unfit to do so ● Driving or attempting to drive while over the limit ● Failing to provide a specimen while suspected of driving or attempting to drive under the influence And while drink driving is obviously a criminal offence, there are ways to avoid a drink driving charge.

How do I get off drink driving If I am guilty?

The prosecution must prove the case against you as the defendant so you have the right to plead not guilty. Why? Because even if you were over the limit, you have a right to challenge the allegations so you can check the evidence against you. This means, not only can you continue driving for up to 6-months after your charge, you also get to see the full case the Crown Prosecution Service (CPS) has against you. This will include: ● Witness statements ● Police procedure during the arrest ● The MGDD document (The forms used by the police during drink and drug arrests which contain the procedure they have to follow and the questions they should ask) Only by checking the evidence against you can you find fault with it to mount a strong defence. And even if all of the above aren’t helpful to your defence, there are arguments you can put forward to help you receive a less severe punishment. These include: Special Reasons To state special reasons as part of your defence, you must be able to prove: ● You were moving the vehicle a very short distance for safety purposes ● Your drink was spiked ● You were sleepwalking ● Driving was unavoidable due to an emergency Drivers Rehabilitation Course At court, you can request to attend a drivers rehabilitation course. And if approved by the court, you: ● Are contacted by course organisers ● Pay for the course, which costs between £150-£200 (which is cheaper than a fine) ● You take the course, which lasts around 5-days ● The course organisers inform the DVLA of course completion Once informed, your ban is then reduced 25% (down to 9-months on a 12-month conviction). Requesting a drivers rehabilitation course shows you’re willing to make amends for your actions and will be looked on favourably by the court. Personal Mitigation You can cite personal mitigation to reduce your disqualification, with reasons including: ● You have a serious medical condition requiring urgent or long term treatment ● Your age or lack of maturity affects the responsibility of your actions ● You have a learning disability or mental health disorder ● You are the primary or sole carer for dependent relatives/friends/clients Personal & Work References Citing personal and work references include: ● Character references from a long-term friend, family member, employer, associate or somebody with recognition in their profession, e.g. doctor, police officer, priest ● No previous, relevant or recent convictions ● Exemplary good character and conduct *** Please be aware that while the above can help reduce your sentence, they’re unlikely to get all charges against you dropped.

Do you need a drink drive solicitor who is the best?

Whether you’re guilty of drink driving, or have grounds for appeal, Keep My Driving Licence can help defend you. Not only by looking into the facts of your case. But also by explaining every possible outcome - so you get the right advice and support you when you need to get the best possible outcome from your case. Get the right legal support. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

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