How likely is a prison sentence in a drink or drug driving case?

The Geoffrey Miller Team are extremely proud of our track record of avoiding custodial penalties (prison) for our clients, even in high risk cases. We fully understand that the thought of a possibility of a prison sentence can be a source of extreme anxiety. Quite naturally, when “Google QC!” refers to prison as a possible sentence, it can send the most calm and collected person into a tailspin. The “P” word is often mentioned by clients who get in touch about drink driving and drug driving cases and sometimes we are able to completely reassure of there being zero risk of prison. Sometimes, the picture is less clear.

When convicted of a drink or drug driving offence, there are various reasons why you may be at risk of a possible custodial sentence. These range from providing a very high alcohol reading, to committing repeat drink or drug drive offences, being involved in a collision, having passengers in the vehicle and so on.

We recommend that you speak to us about your own circumstances rather than trying to work this out online. That said, we will explain a bit more about the sentencing process below.

The court will look more favourably towards offenders who are of good character and have no previous criminal convictions, those that have co-operated with the police, have demonstrated genuine remorse, and have taken steps to address their offending behaviour.

1. If this is your first drink driving related offence within the last 10 years, the mandatory minimum penalty is a 12 month ban ranging from a 12 to 36 month disqualification and a fine of 1 to 1.5 weeks’ net wages, community order or custodial sentence (based upon your breath/blood/urine reading);
2. For a second related offence** within a 10 year period, the mandatory minimum penalty is a 3 year ban and a fine of 1 to 1.5 weeks’ net wages. 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 a community order or even a prison sentence;
3. A prison sentence is likely if there is a high alcohol reading or where the offender is a repeat offender. High readings are:

• A breath reading of 120µg or above;
• A blood reading of 276mg or above; or
• A urine sample of 367mg or above.

The Magistrates’ Court Sentencing Guidelines suggest that the starting point for a sentence where the reading is at the above levels, is a 12 week prison sentence up to a maximum of 6 months. However, please note that we have managed to avoid prison sentences for 99% of our drink driving clients in the history of the firm when they have pleaded guilty at the earliest opportunity. This includes where a client has been prosecuted for a repeat offence.

**related offences are drink driving, drug driving and fail to provide offences and do not include being unfit or drunk in charge of a vehicle.

1. Mandatory minimum penalty of 12-month disqualification and a fine of 1 to 1.5 weeks’ net wages;
2. For repeat offenders, a mandatory minimum penalty of 36-month disqualification along with a fine of 1 to 1.5 weeks’ net wages;
3. A possible prison sentence is a risk where more than one drug was detected in blood or in repeat offender cases. High readings are not necessarily an indicator as with drink driving cases as the drug driving limits are extremely low to begin with. So being 5 times the drug driving limit would not equate to the same level of serious impairment being 5 times the drink driving limit would.

The maximum prison sentence for a drink or drug driving case in the Magistrates’ Court is 6 months.

The court has to be satisfied that the custody threshold has been passed to impose a custodial sentence, in line with the Sentencing Council Guidelines:

A custodial sentence must not be imposed unless the offence(s) were so serious that neither a fine alone nor a community sentence can be justified for the offence. There is no strict definition of where the custody threshold lies. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified.

The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences.

Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime.

For offenders on the cusp of the custody threshold, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing.

The court may, therefore, consider the following as an alternative to a custodial sentence:

Guilty plea – You will receive the maximum credit of a one-third reduction to any custodial sentence, community order or fine if you plead guilty at the first opportunity. If you are at risk of a custodial sentence, a guilty plea at the earliest opportunity can make the difference in terms of whether the court decide to impose a custodial penalty or not as a guilty plea is a reflection of remorse.

Being legally represented for offences where you are at risk of a custodial sentence is a must. Our track record has been achieved through our careful and thorough approach to explore all possible avenues when it comes to gathering evidence in support of your mitigation.

Not guilty plea – Even when at risk of a prison sentence, you do still have the option to plead not guilty and challenge the charge against you. Our highest ever alcohol reading case that we successfully defended involved a breath alcohol reading of 186µg in 100ml of breath (the legal limit being 35µg).

We can explore possible defences to your drink or drug driving charge and will advise you of the risks so you can make a fully informed decision about the best way forwards.