What is the sentencing likely to be?

[Queenie]

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Stupidly my sons father drunk drove. He was pulled over and given a breathaliser test and failed and was arrested. However after being he arrested he run from the police car and hid for over an hour and then was caught and brought to the police station. He has been bailed and us going to plead guilty when he goes back now he has sobered up and realised what an idiot he has been. This would be the second drink driving offence the first being 11 years ago when he first got hes licence and he inevitability lost it. He has no other offences. Is he looking at a prison sentence? Help would be greatly appreciated. I know nothing is gaurenteed but in your opinion what is he looking at?. Also hes career is driving I know this won't make any difference but just thought I should mention it.

 

[SeanJoyceStephensons]

A second drink driving offence within 10 years of the first carries a minimum 3 year ban. If the second offence is 11 years after the first then the minimum is 12 months, as it is for a first offence.

The sentencing guidelines suggest that a prison sentence becomes a real risk for breath readings above 120ug. The fact he ran away from the police could result in him being charged with an additional offence of either evading arrest of escaping from lawful custody, depending whether or not he has been formally arrested at the moment he decided to run away.


The main factor in whether he should expect a prison sentence is the alcohol reading. The sentencing guidelines can be found here.

 

[Queenie]

He had been formally arrested and as I understand it there was a scuffle as he fled out the passenger door. He may well just be out of the 10 year time frame. I'm not sure if this make a difference but he was driving along a major UK road and a helicopter was sent to search. He was found by a police dog.

 

[Queenie]

Also hes reading at the station 2 and a half hours later was a point under so I'm not sure where he will stand with that. He is bailed for driving with excess alcohol and escaping lawful custody.