DRINK DRIVING SENTENCES

grice96

Well-known member
Description of offence:
I was drinking cans of beer from the afternoon time until after 1am, decided in my infinite wisdom that I needed cigarettes so decided to go to the shop. Was involved in a collision with 2 bollards and a bus stop, part of my car broke off into the air and also hit a parked car about 8 metres from the crash.

Blood Alcohol Level and Reading Type:
Breath 91 ug

Mitigating Factors:
Clean criminal record, 2 driving convictions one for speeding in 2015 and the other for no insurance from 2016 (my mum asked her insurance broker to ensure I was on her insurance, was told I was and I foolishly never checked the insurance document and I was not, broker also didn't include her business insurance, safe to say we no longer use that broker) Was misusing alcohol at the time, have since sought help and no longer drink.

Aggravating Factors:
Collision as stated above.

Legal Representation at Court?:
Local Solicitor, phone call consultation was free and representation on the day was £110.

Sentence:
12 month ban reduced to 9 upon completion of drink driving awareness course, fine and court fees ordered to pay £215 (Lower sentencing brackets in NI)

Offered the Drink Driving Rehabilitation Course?:
Yes. Completed in December, very informative and reinforces that you aren't alone in this, 12 other people all from the local area facing the same punishment.

Sentence Comments:
Expected a higher sentence and fine and was very relieved with what I received. A very expensive lesson.

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toffifee

New member
Brief Description of Offence:
Rolled my car in a 30mph street and managed to roll my car.

Breath Alcohol Level and Reading Type:

Breath - 113 at roadside, 110 in station (5x in Scotland).

Mitigating Factors:

Argument with a friend after a day of drinking, recent depression (but that's no excuse). Clean record: not even a speeding ticket to my name after 20 years of driving.

Aggravating Factors:
Rolled car

Legal Representation at Court?:
Duty solicitor

Sentence:

36 months ban, 190 payback order (reduced from 250 because I plead guilty). Sheriff said it was the alternative to a custodial sentence.

Offered the Drink Driving Rehabilitation Course?:
No
 

henergy

New member
Brief Description of Offence:
Caught drinking in my car in a public car park by a parking attendant who called the police. I was arrested and breathalysed at the station
Blood Alcohol Level and Reading Type:
Breath 73ug

Mitigating Factors:
long clean driving record, no previous drink driving or criminal convictions, co-operation with the police, short distance driven

Aggravating Factors:
Minor argument with attendant

Legal Representation at Court?:
No. Pleaded guilty so no need. i requested the duty solicitor but prosecuter advised that I wouldn't really need one. It's best to prepare something to say in mitigation if you plead guilty.

Sentence:
£850 incl costs, 20 month ban

Offered the Drink Driving Rehabilitation Course?:
Yes - Will take

Sentence Comments:
Fair sentence. Ban will be reduced if course taken. Lesson learned.
 

D88dle

New member
Brief Description of Offence:
Finished work early on a Friday. Pulled over and drank some cans I had in car for a party that weekend. Member of public noticed me slumped at wheel, called police and I failed roadside test.

Fast forward 8 weeks (the day before my court appearance), went to pub to calm nerves and ended up stupidly back in my car. Car park security noticed me acting suspiciously, police called and second failed breath test.

Blood Alcohol Level and Reading Type:
1st offence - Breath 133ug (yes really)
2nd offence - Breath 120ug (again, really)

Mitigating Factors:
- Long clean driving record
- No previous drink driving / criminal convictions
- Co-operation with the police throughot both processes (no point in trying to lie, acted polite throughout)
- Good character (put forward by my amazing solictor)
- Sole / primary carer for 10mo

Aggravating Factors:
- Both HIGH readings
- Second offence occured 8 weeks after inital
- Heard by a district judge, who had previously been out of work following a collision WITH a drink driver.

Legal Representation at Court?:
Yes (private solicitor, worth EVERY £££) £750 all in for first hearing, had to forward £500 extra for them to travel to new court hearing over 1 hour away that morning as I was remanded in custody)

Sentence:
20 month suspended 18 week prison sentence
60 month ban
£250 costs
6 week curfew (home between 3pm-3am)

Offered the Drink Driving Rehabilitation Course?:
Yes, fully inted to complete.

Sentence Comments:
The last 8 weeks of my life have been turbulent, and I turned to alcohol for the solution. Prison was highly likely for either offence, and the court ushers were adimant I'd be walking back down the stairs with them to the bus waiting outside (x6 capacity, x5 already remanded previously that day and I was the last hearing).

I was meant to be in court the morning after my 2nd offence, and felt that this was the end after being remanded in custody awaiting the next local court hearing that day.

Spent over £1000 in legal aid and a further £250 in court fees, but cannot emphasise enough how important getting a good solicitor is. I was obviously going to plead guilty to both charges, and as you can see from the offence details/aggravating factors I wasn't getting off lightly.

I fully intend to put this in my past, and move forward with my life. My first alcohol dependancy clinic is 5 days away. I've lost countless hours of sleep and have felt ill for pretty much 8 weeks now. Reading the other posts on this page, I'd like to assure you that there is light at the end of the tunnel. Even though it may be pinhole sized to me atm beginning my sentence, I know that I'll be a better person on the other side of this experience.

Thankful that on both occasions the only life ruined was that of myself, and unforuntaley my immediate family.
 

price1367

TTC Group
I am not going to judge what you did, just point out that it is highly Likely that you will ever judged by DVLA to be alcohol dependent. This requires a minimum of 12 months ABSTINENCE (NOT safe drinking) and your GP will be asked if
There have been any alcohol related issues in the past 3 years, so as well as the dependency clinic you should check in regularly with your GP and ask that your abstinence is recorded in your notes. That, plus a liver test now and again (CDT is best, but some GP’s only do LFT’s)
 

RSC

Member
Reported by driver behind me. Drove two minutes to local shop ( yes, I know, walk - duh) to get £££ for a joiners appointment for which I had forgotten he wanted £££.

Ahem 120. In "defence", been up since 5am, nowt to eat all day and celebrated some very good news because it was 6pm somewhere. Topping up from night before.

Mitigating:
V short distance (seems to be disregarded always)
No previous convictions
V V V co-operative with police

Solicitor
Oh yes Apparently always encouraged as such high readings.
Lovely chap who charged me the equivalent of Legal Aid despite having been roused out of bed in the middle of the night.

Sentence
3 year ban
15 RAR days
200 "unpaid work hours"

My solicitor was furious and desperate to appeal. I was too in awe of the "legal process" and refused. Learn from my mistakes and go for it.

By which I mean, Be ye not so stupid. Water is not the drink of the devil. Or whatever, Could say live and learn but aaaaghhhh.
 
Last edited:

Reco Alco

Member
Brief Description of Offence:
Got drunk after a work drinks and had planned to ge the train home afterwards. Had been drinking beer and people were buying shots prior to the close. I had my helmet with me as because my office was closed for the weekend. BUT, somewhere between leaving the pub and going for the train I got on the vespa bike and started to drive home. I got about a mile down the road before I came off the bike, nothing serious, no damage to anyone or even me and a few scratches. I parked up the bike and started walking home but someone had seen the incident and called the police who came and found me along the road with my helmet and breathalised me and toook me to the station to be charged. I spend the night in the cell.

Blood Alcohol Level and Reading Type:
96mg of breath

Mitigating Factors:
No previous convictions, clean drivers licence, wife in court and references from both her and a person of respect in the business community which I think did me untold favours in the end result. Also, the fact that I am the sole driver in the family was considered.
Also, the fact that after I came off the bike I parked it up by a building site and did not attempt to resume riding was also considered a positive. Once the police had found me and picked me up I admitted on the spot to what had happened and was fully cooperative both there and at the station.

Aggravating Factors:
Coming off the bike

Legal Representation at Court?:
Yes. I dread to think of what I would be dealing with now had I not had the legal representation that I did. He was excellent, considerate, understanding and diligent. To go through that on my own would have been absolute hell, and I would suggest to anyone else who thinks they dont need one, very unwise.
We requested a Band D fine instead of any community service as the implications of a community order would have had severly negative implications on my job, as I need to travel to the US on business in future.


Sentence:
24 month ban, £1500 fine and costs of £85, plus the £15 victims support chg. I will have to go to the DVLA for a medical when I want to get my licence back, however there has been a bit of confusion with my licence as I have a Rep of Irl drivers licence. So they will have to give that back to me shortly as it is not UK proprty, after the DVLA do their checks. They are not allowed to hold it ( but that is under debate at the moment and for now they do have it - with a view to posting it back to me when they work out the ever changing and complicated international governmental agreements). And technically speaking I can still drive in Ireland, and Europe ( albeit a near impossibility as my conviction would make insurance a next to impossibe ). No re-test though so that will be good.

Offered the Drink Driving Rehabilitation Course?:
Yes, but only getting 3 months off because the 24 mths due to the high reading. I will certainly be doing the course, not just for the purposes of reducing the disqualification but also because I want to ensure that I fully understand the gravity/and potential results of doing something as stupid as drinking and driving and the effects it has one people and the wider community.


Sentence Comments:
I believe that I have got away with a lenient sentance given the reading, coming off the bike and the fact that I was slurring my speech. Had I not had a lawyer, I would have a longer ban, a higher fine and certainly community service for the next 3-6 months at least.
All in all I am very relieved and have learned the most valuable lesson ever. Life is very fragile and the very slightest thing can turn your content and normal life into a broken and living nightmare - be very very careful with the decisions you make.
Hi there. Are you concerned about travelling to the US and their strict border control?
 

price1367

TTC Group
Hi there. Are you concerned about travelling to the US and their strict border control?
The current ESTA form for a visitors visa to the USA asks a question: “have you ever been arrested for an offence that involved serious injury to a person, serious damage to property or significant loss to your government?” (Not the exact wording, but that is the gist of it) so unless you have damaged several cars (your own does not apply) or badly injured someone with your drink drive conviction then you can safely answer ‘no’ to that question and you will get access to visit the USA.
If you want a work visa they ask about ANY offence so it would have to be declared. If the conviction was in the past 5 years then they will want you to have a medical before deciding if you should be granted access to the USA.
 

D88dle

New member
I am not going to judge what you did, just point out that it is highly Likely that you will ever judged by DVLA to be alcohol dependent. This requires a minimum of 12 months ABSTINENCE (NOT safe drinking) and your GP will be asked if
There have been any alcohol related issues in the past 3 years, so as well as the dependency clinic you should check in regularly with your GP and ask that your abstinence is recorded in your notes. That, plus a liver test now and again (CDT is best, but some GP’s only do LFT’s)
Thanks for the reply!

I have been abstaining since the conviction and am due to see my GP again on Wednesday.

When you say regularly check in with GP, how often would you suggest? Quarterly?
 

Reco Alco

Member
Reported by driver behind me. Drove two minutes to local shop ( yes, I know, walk - duh) to get £££ for a joiners appointment for which I had forgotten he wanted £££.

Ahem 120. In "defence", been up since 5am, nowt to eat all day and celebrated some very good news because it was 6pm somewhere. Topping up from night before.

Mitigating:
V short distance (seems to be disregarded always)
No previous convictions
V V V co-operative with police

Solicitor
Oh yes Apparently always encouraged as such high readings.
Lovely chap who charged me the equivalent of Legal Aid despite having been roused out of bed in the middle of the night.

Sentence
3 year ban
15 RAR days
200 "unpaid work hours"

My solicitor was furious and desperate to appeal. I was too in awe of the "legal process" and refused. Learn from my mistakes and go for it.

By which I mean, Be ye not so stupid. Water is not the drink of the devil. Or whatever, Could say live and learn but aaaaghhhh.
Great attitude! Seems you're taken your penance on the chin
 

price1367

TTC Group
Thanks for the reply!

I have been abstaining since the conviction and am due to see my GP again on Wednesday.

When you say regularly check in with GP, how often would you suggest? Quarterly?
Yes, quarterly would be good.
 

johnrbrookes

New member
Long clean driving record. Teacher at a special school. Walked home previous evening. Thought I had given long enough to clear alcohol from system.
 

RSC

Member
Great attitude! Seems you're taken your penance on the chin
Ha, ha. As if. Still fuming at the randomness of sentences. What does cheer me up (and yes we are not supposed to know such things, shhhh) is that the magistrates had an almighty row while they withdrew as couldn't agree on the sentence.
 

Reco Alco

Member
Ah Man! Seems you got a rough deal. I had a dream last night I got a letter from the old bill saying they'd made a mistake, theyve revoked the charge and I didnt have to appear. Nice dream, sadly only just a dream.

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