Drink Driving        

Range of Penalties

It is not possible to accurately estimate the level of your fine, disqualification period, or other penalty you may receive, as several factors will influence those decisions:
  • Your income and the circumstances surrounding your case will dictate the level of fine.
  • The circumstances of your case and your previous driving history will help decide the length of your disqualification.
  • The circumstances of your case, your personal circumstances and your previous history, will decide any other penalty you may receive, e.g community service, probation order, or a custodial sentence.

The following is a list of offences and the penalties that may be imposed by the Court.  Please note these are the maximum penalties for each offence, and not all penalties are obligatory.

Causing death by dangerous or careless driving while under the influence of drink or drugs.

  • Up to 14 years' imprisonment
  • Obligatory disqualification, 2 years minimum
  • Must apply for a provisional licence on resumption of driving with an extended test
  • Between 3 and 11 points on licence (if exceptionally not disqualified)
  • Car may be seized
  • Unlimited fine

Driving or attempting to drive while above the legal alcohol limit

  • Up to 6 months' imprisonment and/or a fine not exceeding £5,000
  • Between 3 and 11 points on licence (if exceptionally not disqualified)
  • Obligatory 12 months' disqualification, unless a previous conviction within 10 years, when a mandatory disqualification of at least 3 years will be applied
  • 3 to 11 points on licence if exceptionally not disqualified

Failing or refusing, without reasonable cause, to provide a specimen for analysis

  • Up to 6 months' imprisonment and/or a fine not exceeding £5,000
  • Between 3 and 11 points on licence (if exceptionally not disqualified)
  • Obligatory 12 months' disqualification, unless a previous conviction within 10 years, when a mandatory disqualification of at least 3 years will be applied
  • 3 to 11 points on licence if exceptionally not disqualified

In charge of a vehicle while above the legal alcohol limit or while unfit through drink or drugs

  • Up to 3 months' imprisonment and/or a fine not exceeding £4,000
  • Discretionary disqualification
  • Up to 10 points on licence

Driving or attempting to drive while unfit through drink or drugs

  • Up to 6 months' imprisonment and/or a fine not exceeding £5,000
  • Between 3 and 11 points on licence (if exceptionally not disqualified)
  • Obligatory 12 months' disqualification, unless a previous conviction within 10 years, when a mandatory disqualification of at least 3 years will be applied

The penalties imposed will depend on the previous history of the individual
and the circumstances of each case