Following the festive period, our motor defence solicitors invariably experience a spike in drink and drug driving enquiries. In particular, people want to know what kind of penalties they could face if found guilty.

Here, we explain the penalties for drink and drug driving in more detail. If you want further advice from a solicitor, or you want expert legal representation, please contact us at Ashmans.

Penalties for drink driving

The penalties for drink driving depend on how much alcohol was in your system at the time of testing.

If you are caught with 36-59 micrograms of alcohol per 100 millilitres of breath (equivalent to 81-137mg per 100 millilitres of blood), the starting point is:

  • A band C fine, although this can be escalated to a band B fine
  • A driving ban of between 12 and 16 months
  • A driving ban of between 36 and 40 months for a second offence in 10 years

If you are caught with 60-89 micrograms of alcohol per 100 millilitres of breath (equivalent to 138-274mg per 100 millilitres of blood), the starting point is:

  • A band C fine, although this can be escalated to a low level community order
  • A driving ban of between 17 and 22 months
  • A driving ban of between 36 and 46 months for a second offence in 10 years

If you are caught with 90-119 micrograms of alcohol per 100 millilitres of breath (equivalent to 275-366mg per 100 millilitres of blood), the starting point is:

  • A medium level community order, although this can be downgraded to a low level community order
  • A driving ban of between 23 and 28 months
  • A driving ban of between 36 and 52 months for a second offence in 10 years

If you are caught with 120-150 or more micrograms of alcohol per 100 millilitres of breath (equivalent to 367-459mg per 100 millilitres of blood), the starting point is:

  • 12 weeks in custody, although the sentencing range is a high level community order to up to 26 weeks’ custody
  • A driving ban of between 29 and 36 months (or more if the defendant is going into custody immediately)
  • A driving ban of between 36 and 60 months for a second offence in 10 years

Penalties for drug driving

With regard to drug driving, the starting point is a band C fine and a driving ban of between 12 and 22 months.

However, the penalties will increase where there are factors that increase the seriousness of the offence. In these cases, you could get a community order and a disqualification of between 23 to 28 months. This could be escalated to a period of imprisonment and a driving ban of between 29 and 36 months if the behaviour is considered extremely serious.

Need a solicitor?

If you have been accused of drink driving or drug driving, our motor defence solicitors can help you. Contact us now for initial advice about your case. We can advise you on the best strategy. We offer fixed fees, including initial advice for £99.

Call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we will contact you.