Drink driving is a serious criminal offense in the UK, with severe penalties if you are found guilty.
Drink driving sentencing guidelines state that if a person drives or attempts to drive a vehicle whilst under the influence of alcohol, they will receive:
- Up to 6 months in prison
- An unlimited fine
- A driving ban for at least 12 months (or 3 years if they are convicted twice within a period of 10 years)
There are several factors that influence a magistrate’s decision on the severity of a drink driving sentence. Aggravating factors can lead to a harsher sentence, whereas mitigating factors can reduce it.
Aggravating factors considered in drink driving sentencing
One of the main aggravating factors considered by magistrates when deciding on the length and type of sentence in drink driving cases is the amount of alcohol present in the person’s system. A higher level of alcohol usually means more prison time, a larger fine, and a longer driving ban.
There are other aggravating factors that can also lead to more severe penalties. These include:
- Any previous offenses of drink driving
- If you were involved in an accident whilst under the influence of alcohol
- Whether you had passengers in your vehicle at the time
- If you were driving in poor weather conditions
Mitigating factors considered in drink driving sentencing
Occasionally, mitigating factors can lessen the severity of a drink driving sentence. These factors include:
- Not knowing your drink had been spiked
- Certain emergency situations
- Driving an extremely short distance, or not actually driving at all (for instance if your keys were in the ignition but you were still parked
It’s important to note that it’s somewhat rare for mitigating factors to be considered, as the UK courts take drink driving offenses extremely seriously.
What should I do if I’ve been charged with drink driving?
If you’ve been charged with a drink driving offense, the best thing you can do is to get in touch with an experienced motoring defense solicitor as soon as possible.
MAJ Law are specialist drink driving solicitors, with impressive success rates. For free initial legal advice, get in touch with their expert team today.
