Way over the limit.

[AJS2212]

Can anyone advise me on my likely sentence with a breath reading of 106. I am obviously going to plead guilty and expect a lengthy ban as I should get. Some people I have spoken to are saying I could receive a custodial sentence. I have no criminal record and have had a clean license for 14 years. I work for a supermarket and have a family so obviously a custodial sentence would be extremely detremental to them. Any advise on mitigation for court please?

 

[Forum Moderator]

Can anyone advise me on my likely sentence with a breath reading of 106. I am obviously going to plead guilty and expect a lengthy ban as I should get. Some people I have spoken to are saying I could receive a custodial sentence. I have no criminal record and have had a clean license for 14 years. I work for a supermarket and have a family so obviously a custodial sentence would be extremely detremental to them. Any advise on mitigation for court please?

Upon conviction of driving with excess alcohol and a breath reading of 106 sentencing guidelines suggest a driving disqualification of between 23 to 28 months AND a low to high level community order.

Magistrates do sometimes deviate from the guidelines where numerous aggravating or mitigating factors surround a case, however in your case this does not seem to be the case and magistrates would only consider a custodial sentence if you provided a breath reading of 120 or more.

As this is your first drink driving conviction you are likely to be offered the chance to take the drink driving rehabilitation course, upon completion of the course the length of disqualification imposed would be reduced by up to 25%.

As the level of alcohol in your breath exceeded 87.5 micrograms per 100 millilitres of breath you will be classed as a high risk offender and will be required to satisfy the DVLA of your fitness to drive, by taking and passing a DVLA medical, before your driving licence will be returned to you upon expiration of your disqualification.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you. Let us know the outcome of your case as it may help others who find themselves in a similar predicament in the future.