Going on them with your what you blew, the starting point is 12 week’s custody and around a 29/30 month ban (or probably closer to 45-50, if you’ve been convicted in the last 11 years previously). In truth, unless there was a horrible accident or you have an extensive criminal history, most generally will either get a heavy community service order or a suspended sentence, so I wouldn’t worry about prison.
They have the discretion of imposing community service or custody, and a range of disqualification length between 29-36 months. Very much depends on the circumstances (namely the aggravating/mitigating factors mentioned in the guidelines)
Seems strange it’s taken 5 months for them to prosecute, so I’d definitely get a solicitor to look into the facts. They can put together good mitigation, offer legal advice, and check police procedure is followed correctly.
I was arrested at home as was seen driving that evening. I couldnt remember anything and did a no comment interview in custody. Have had an id parade etc which is why its taken so long. Im charged with drive motor vehicle when alcohol level above limit. Thanks for the advice. I am praying i wont go to prison. I have never been in trouble before and held a clean licence for 26 years. Im mortified its happened and I will never drink so much again to the point I cant remember things 😢 Do I have to tell my car insurance after court or can I just cancel the policy? My partner will insure it until it is sold
If you could not emember anything then you were right to make a no comment interview. It is for the police to prove the case, and if you cannot remember then you are entitled to see that there is enough evidence to show that you are guilty.
i take it that you were picked out at the ID parade and now accept the position and will plead guilty.
You have crossed the threshold of 120 where custody must be an option, but in reality unless there was a nasty accident or other aggravating circumstances, as SuicidalDepressive said, custody is unlikely in reality, but you will probably get a community order and a ban of 29-36 months.
you can get this reduced by up to 25% if you are offered, and accept, to attend a Drink Drive Rehabilitation Course. You should be offered it by the magistrates. If they forget, ask before you leave the courtroom, as it cannot be offered once your case finishes.
as for the insurance, it depends what your policy says. Some say you should notify them when you receive points or a ban. Others say to notify them at renewal. If you intend your partner to continue to drive on the same policy after you are banned then you could have. A problem as the premium is based on two drivers, and there will only be one which is a change in circumstances that you should be telling them about.
The problem is that some insurance companies cancel a policy when they are informed of a Drink Drive ban. That would cause you problems when you want to be insured in the future and you are asked: “have you ever had a policy cancelled....” if your company is one of those, you would be better to cancel the policy yourself, because that doesn’t count as a “policy cancelled” ..... by them.
I have 4 people on my course on Saturday who had readings varying between 121 and 140. The bans varied between 29 and 56 months (second time offender for 56 months) none of the went to prison or had a suspended sentence, so it is most unlikely that you will face prison.