Worried man

[bad past]

In 2010, i got done for drink driving,i got a 11 month ban,fined, and went on the drink drive course and reduced my ban.Now i have just been cought drunk in charge (reading 82 breath)which i have pleaded guilty to..I am in court in 2 weeks and still looking for a solicitor.
iv looked at all the "what sentance i may get" sites and they all seem to say the same.... 3 year ban and fine plus medical BUT....If you go back years.. past 30 years there are 3 or 4 other dr10sfrom the 80s on.. Can the court take these into concideration ????
im askink this as when my wife phoned the police station , they told her i was going to jail.. many thanks​

 

[SeanJoyceStephensons]

A conviction for being drunk in charge is not treated the same as driving with excess alcohol. Drunk in charge does not give rise to a mandatory ban of a minimum of 12 months. Drink driving does. Section 34 Road Traffic Offenders Act 1988 sets out that where someone is convicted for the second time in 10 years then of a driving offence of a certain type that gives rise to a mandatory 12 month minimum ban then that ban will be increased to a mandatory 3 year minimum ban. Drunk in charge is not one of those offences. This means that, with a reading 82µg in breath, the court will initially look to the sentencing guidelines which indicate that either 10 penalty points OR a ban can be given.

Alongside that part of the penalty will be a separate penalty which for the offence of being drunk in charge means a fine, a community order OR a prison sentence. A reading of 82µg would not usually give rise to the court giving consideration to a prison sentence, even with the previous convictions you have mentioned, particularly the historical convictions of 30 years ago. However, the sentencing guidelines also tell the court to consider other factors related to the offence and the offender so it is important that clear advice is obtained before proceeding.

We would urge you to contact a specialist solicitor on 0333 323 3733.

 

[bad past]

Many thanks for the reply.If they do take the past drink driving offences into account, could you give me any idea of the likley sentence i would probably get??? could any prison sentence be suspended ?.
many thanks