There is no fixed fine for drink driving. If you are convicted, the Magistrates’ Court will consider both the seriousness of the offence and your financial circumstances before deciding how much you should pay.
The alcohol reading is an important part of that assessment, but it does not determine the fine on its own. The court will look at the level of alcohol found in your breath, blood or urine, together with factors such as the standard of driving, whether there was a collision, whether passengers were in the vehicle and any relevant previous convictions.
Your income also matters. Where the court decides that a fine is appropriate, the amount will usually be calculated by reference to your relevant weekly income. This means that two drivers with the same alcohol reading could receive different fines.
The fine is also only one part of the sentence. If you are guilty of driving or attempting to drive a vehicle while above the legal limit or unfit through drink, you will normally be disqualified from driving for at least 12 months. More serious cases can result in a community order or imprisonment.
For many drivers, the consequences of the ban can be more significant than the fine itself. A conviction can affect your employment, leave you with a criminal record and result in substantially higher car insurance costs after you regain your driving licence.
Why two drivers with the same alcohol reading can receive different fines
The court uses sentencing guidelines when dealing with drink driving offences. The seriousness of the offence determines the appropriate sentence and, where a fine is imposed, the court must take the offender’s financial circumstances into account.
Fines are divided into bands based on relevant weekly income. For example, a Band A fine has a starting point of 50% of relevant weekly income, Band B 100% and Band C 150%. Higher fine bands are available where required.
Relevant weekly income will usually be based on income after tax and National Insurance. Where somebody has a variable income, the court can consider an average.
This is why asking for the “average” drink driving fine can be misleading. Someone earning £300 per week and someone earning £1,000 per week may receive very different fines even where the seriousness of their offending is similar.
The alcohol reading is important, but it is not the whole case
The amount by which you exceed the drink driving limit will have a significant effect on sentence. Higher readings can move the offence into a more serious sentencing bracket and increase both the length of the disqualification and the possibility of a community order or custody.
The court will also consider what happened while you were driving. Aggravating factors can include carrying passengers, involvement in a collision, evidence of unacceptable driving or relevant previous convictions.
The circumstances can work the other way too. A relatively short distance driven, genuine emergency or other personal mitigation may be relevant, depending on the facts.
In practice, this is why sentencing cannot be predicted from the alcohol reading alone. The Courts look at what happened before the driver was stopped, the manner of driving, the reading, previous convictions and any circumstances that should properly be put before the court.
For many drivers, the ban is more significant than the fine
If you are convicted of driving or attempting to drive above the legal limit or while unfit through drink, the court must normally impose a driving disqualification.
For a first offence, the minimum ban is usually 12 months. However, the length increases as the seriousness of the offence increases. The position is particularly important for repeat offenders. If you are convicted twice in 10 years of relevant drink driving offences, the minimum disqualification will normally be three years.
Being in charge of a vehicle while above the limit or unfit through drink is different from actually driving or attempting to drive. The maximum penalty includes three months’ imprisonment and a £2,500 fine, but a driving ban is not mandatory in every case.
Separate and substantially more serious penalties apply to offences such as death by careless driving while under the influence of alcohol or drugs.
A high reading can cause problems when your ban ends
Some drivers are surprised to discover that completing their driving ban does not necessarily mean their licence will automatically be returned. You can be classed as a high risk offender if, for example, you have a particularly high alcohol reading, have been disqualified twice within 10 years for qualifying drink driving offences, or have been disqualified for refusing to provide a specimen.
High risk offenders must satisfy the DVLA that they are medically fit to drive before a new licence will be issued. This involves a medical examination and blood testing. This can make a high alcohol reading relevant long after the court hearing itself.
Can you reduce the length of a drink driving ban?
If you are disqualified for 12 months or more, the court may offer you the opportunity to complete an approved Drink Drive Rehabilitation Scheme course. If you accept the offer and complete the course within the required period, your ban will usually be reduced by a quarter.
You must agree to take the course when it is offered by the court. It does not remove the conviction, fine or criminal record, and a high risk offender will still need to satisfy the separate DVLA medical requirements before their licence is returned.
What if you refused to provide a specimen?
Refusing to provide a specimen of breath, blood or urine without reasonable excuse is a separate offence. Where the requirement relates to driving or attempting to drive, the court can impose an unlimited fine, imprisonment and a mandatory driving disqualification.
A refusal can therefore result in serious consequences even where there is no evidential alcohol reading available.
If there is a genuine explanation for why a specimen could not be provided, this needs to be considered carefully. As with drink driving itself, the circumstances and evidence are important rather than simply the fact that no specimen was obtained.
Can a drink driving sentence be reduced?
If you intend to plead guilty, obtaining advice before sentence can still be important. A solicitor can consider the sentencing guideline, identify relevant mitigation and make sure the court has an accurate picture of the circumstances before deciding the appropriate drink driving penalties.
There may also be cases involving a potential defence or a special reason why the usual mandatory disqualification should not be imposed. A special reason is different from ordinary mitigation and will depend on the particular circumstances of the offence.
Our motoring solicitors can review the evidence, advise on the likely sentence and represent you at court.
About the Author
Nathan Seymour-Hyde is a Partner and Head of Motoring at Reeds Solicitors. He is an experienced criminal defence solicitor who represents clients facing drink driving charges and other road traffic offences, from the initial police investigation through to court proceedings.
For confidential advice, call 0333 240 7373 or email [email protected].
