DRINK DRIVING SENTENCING GUIDELINES

Geoffrey Miller Solicitors Drink Driving Sentencing Guidelines information. Call our team of expert motoring solicitors for some free initial advice.

We have Achieved not guilty verdicts for
9 out of 10
Clients^†

^†From 1st January 2021 to 31st December 2025 we have achieved 9 out of 10 NOT GUILTY verdicts for drink driving cases.

If you need to know the Drink Driving Sentencing Guidelines and if this is your first drink driving related offence within the last 10 years, the mandatory minimum penalty is a 12 month ban and a fine. Therefore, it is not possible to have a partial ban where you can drive for certain activities such as work. A ban means NO DRIVING!

Do you want to talk to the Drink Driving Solicitors who from 1^st January 2021 until 31^st December 2025…

Breath Drink Driving Cases Achieved Not Guilty verdicts for 87% of Clients^†

Blood Drink Driving Cases won 94%

Drug Driving Sample Cases won 98%

Urine Drink Driving Cases won 100% since 2018

Failing to Provide a Specimen Cases won 91%
*( 80% in 2025 where an attempt was made )

AND won 92% of our Alcohol and Drug related cases overall!

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Drink Driving Disqualification

The ban imposed may be longer depending on a number of factors such as the reading you gave and whether there are any “aggravating” features like a police chase, an accident or evidence of very poor driving.

The Magistrates will take into account guidelines issued to them when deciding what penalty to impose.

If this is a drink driving repeat offence within a 10 year period

The mandatory minimum penalty is a 3 year ban and a fine. If the repeat offence is within a fairly short period since the previous conviction(s) the Magistrates may wish to consider imposing a more serious penalty such as community service or even prison. Unlike in America, where a day in jail is commonplace, it is quite rare for a custodial penalty of any length imposed but you should be aware that the Magistrates do have the power to impose a prison sentence of up to 6 months for any alcohol related offence.

Factors such as the level of alcohol recorded, the time between offences, and any aggravating circumstances will influence the severity of the penalty. Courts may also consider mitigating factors, such as steps taken towards rehabilitation, when determining the appropriate sentence. Seeking specialist legal advice can help ensure that all relevant factors are presented to minimise the impact of a repeat offence conviction.

Are you at risk of a custodial penalty from drink driving?

We appreciate that you are probably scared out of your wits by this information. Most importantly, it is EXTREMELY RARE for defendants of previous good character sentenced to a period of custody following a drink driving charge. Therefore, if you are at risk of a custodial penalty, you may qualify for legal aid. However, we do not offer our services under the legal aid scheme. If you are looking for a legal aid lawyer, we suggest you contact the Community Legal Services Board for details of a firm in your area.

For more details about the possible penalties for the offences with which you are facing, please take some time to consider the penalties and guidelines page. Or, call our team of specialist drink driving solicitors who can help you with your drink driving case.

Court Costs for drink driving if a guilty plea is entered at the first hearing

The CPS uses a scale when calculating costs. The scale represents the average costs incurred in a wide range of cases. Obviously the more complex a case becomes, the higher the costs and for each additional defendant in a case the total level of costs is increased by 20%.

In a Magistrates’ Court if a guilty plea is entered at the first hearing the likely costs will be one of the following;

Summary Guilty Plea

Court Costs for drink driving if convicted after trial

Summary Trial

For more guidance on the likely level of costs that will be sought, please refer to the Crown Prosecution Service website.

Additional costs may include prosecution witness expenses, expert reports, and surcharges, which can further increase the total financial impact of a conviction. Legal fees for representation will vary depending on the complexity of the case, so it is advisable to seek professional advice early to understand the full cost implications.

Victim’s surcharge

The victim’s surcharge is an additional fixed levy dependent on the sentence imposed and up to a maximum of £190 applied by the Court, not the CPS, when sentencing a Defendant. Therefore, the money generated by this charge is spilt between;

The Home Office;
The CPS – to put into their “No Victims No Justice” project;
Various organisations that deal with witness care.

The term witness is used but it essentially means the money goes to victims of crime. However, there does not have to be victims directly affected by the specific crime the Defendant was convicted for.

Adult	Victim Surcharge
A conditional discharge	£22
A fine	10% of the fine value with a £34 minimum and a £190 maximum (surcharge should be rounded up or down to the nearest pound)
A community sentence	£95
An immediate custodial sentence	6 months and below – £128 Over 6 months and up to and including 2 years – £156 Over 2 years – £190 (only in Crown Court)
A suspended sentence	6 months and below – £128 Over 6 months and up to and including 1 year – £156

Drink Driving Community order

Community orders can be imposed with the following requirement(s):

Unpaid work requirement;
Activity requirement;
Programme requirement;
Prohibited activity requirement;
Curfew requirement;
Exclusion requirement;
Residence requirement;
Mental health treatment requirement;
Drug rehabilitation requirement;
Alcohol treatment requirement;
Supervision requirement;
Attendance centre requirement;

Drink Driving Fine

In addition to receiving a driving ban, fined and ordered to pay court costs. However, the amount of the fine will depend on a few factors concerning the nature of the offence and your own income. In the past, the fine was capped to a maximum of £5000 but this cap was removed in 2015 so the fine is now unlimited and is calculated by reference to the offender’s income. Typically, the fine will be 1.5 x the offender’s net weekly earnings.

It may be possible to arrange to pay the fine by way of instalments depending on your income.

Drink Driving Rehabilitation Course

You maybe offered the opportunity to complete the Drink Drive Rehabilitation Course which, if completed successfully by a specified date that will result in a reduction of up to 25% from your period of disqualification. This course will last at least 16 hours, spread over a number of days. However, you will have to pay the cost of the course (typically £3-500). Most importantly, its not compulsory to attend the course but if you do not attend and complete it, to the satisfaction of the course organisers, you will have to serve the whole period of your disqualification.

Getting your driving licence back after drink driving

When you are eligible to drive again you will have to reapply for a new licence yourself, directly to the DVLA. The DVLA should send you an application to renew your driving licence 56 days before your disqualification ends. However, you will not be able to drive until you have reapplied for your licence. Therefore, if you drive before this point, even though the period of the driving disqualification is over, you are technically driving otherwise than in accordance with a valid licence and may face a driving offence.

Drink Driving Repeat offenders or High Risk offenders

If your disqualified with an alcohol level of over: 200mg per 100ml of blood; OR 87.5µg per 100ml of breath; OR 267.5mg per 100ml of urine or your disqualified twice in 10 years for certain alcohol related offences you are a ‘high risk offender’. However, the DVLA requires ‘high risk offenders’ to undergo medical enquiries before you can renew your driving licence.

Reapplying for your driving licence at the end of the drink driving disqualification

Following disqualification, the DVLA should contact you to explain that, upon reapplying for your licence at the end of the disqualification. The question of whether the conviction indicates a medical disability and, if so, whether you have brought the drinking problem under control, the DVLA will assess. They should send you the necessary application form 90 days before your disqualification ends. The DVLA will advise you to seek help and advice during the period of disqualification. Therefore, you must satisfy the Medical Advisory Branch at the Department for Transport that you do not have an alcohol problem in order to give you a driving licence.

The assessment will involve: filling in a medical questionnaire about your medical history and how much alcohol you drink, a physical examination, a urine test and blood tests. This currently costs about £100.00.

Application for early return of your licence (2 year ban or more only)

If disqualified for more than 2 years, there are circumstances when you may make an application to the court to remove the disqualification imposed earlier than the date ordered by the court. This is only possible if no retest has been ordered. Therefore, the application must be made to the court that imposed the original ban and they will consider the following criteria:

An application may only be if:

If your application is refused, it is possible to renew the application after a period of three months from the date of refusal.

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CALCULATORs

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur, including potential disqualification periods based on your alcohol reading and case circumstances.

DRINK DRIVING COST CALCULATOR

Based on our 2020 market research, you can use this form to calculate the likely costs, including fines, legal fees, and the long-term increase in car insurance premiums if convicted of drink driving. Understanding the financial impact can help you make informed decisions about your case.

OTHER CALCULATOR
TOOLS

Use our calculator tools to find out what motoring offence penalties or financial costs you could be facing if convicted. Whether you’re concerned about fines, points, or driving bans, these tools provide a quick estimate based on your situation.

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