One of our friendly advisors would be happy to speak to you. grandhighpoohba there is no discretion he will lose his license -mandatory 12mths if first offence. The QP9 describes the drink driving charge for with which you have been charged, a brief outline of the facts that the police allege constitutes the offence, your criminal history (if any), your traffic history (if any), and a copy of the breath analysis certificate (which you should have received at the time … It's a mandatory disqualification for a minimum of 12 months, I'm afraid. and if he is static in Reading for work they would probably not take it into consideration because he could get a direct train. Yes. The Court will take these factors into account before deciding on the sentence for a drink driving charge. Legislation. To use this feature subscribe to Mumsnet Premium - get first access to new features see fewer ads, and support Mumsnet. If this is your first offence, and you have a good driving record over a number of years, you may have a chance at acheiving a ‘section 10’. For a second drink-driving offence, likely sentences can depend on, for example, how soon after the first offence it is. Wiseman Lawyers Ride Alongs - Holland Park - DUI Drink Driving 0.266. The punishment for a drink driving charge depends on many factors; primarily the concentration of alcohol, manner of driving and any damage caused. The legal breath limit is 35 micrograms per 100 millilitres of breath. For example, second/subsequent convicted drink-drivers causing death could face imprisonment for a term of maximum 20 years and a maximum fine of RM150,000. Repeat offenders face fines of between $5,000 and $20,000 and up to 2 years’ jail. Is drink driving a criminal offence? If found guilty, you could be hit with an unlimited fine, a driving ban and up to 14 years in prison. Being found guilty of driving while above the legal drink-driving alcohol limit will result in punishment that could affect the rest of your life. The court cannot give points or exercise any discretion, they must disqualify you and if your readings are very high it could then result in a prison sentence, even if it’s a first offence. Schedule 2 of the Road Traffic Offenders Act 1988 contains a list of offences and the penalties given. There is a very clear public interest in prosecuting drink or drug driving offences, due to the danger posed to others by such behaviour. CookiesWe use cookies on our website to ensure you have the best experience while you are here. Is drink driving a criminal offence? I have reported. Thread starter SLF27; Start date Mar 9, 2020; SLF27 New member. Have to agree with the posters above - I know two people who have lost their licence - both were at, or below the readings of your friend's dh. Subscribe here. Here is a list of drink driving offences: Failing to provide a roadside breath test (Code DR70) Penalty – Fine – up to Level 3 (£1,000) 4 penalty points on your licence Disqualification is at the discretion of the Court. The Magistrates' Court have the discretion to disqualify convicted drink drivers until a relevant driving test is passed. History. he blew 48, over the legal limit of 35 and had not drunk since early hours this morning. They can, and often do, convict first time drink drivers. The magistrates Court sentencing guidelines for a reading of between 36 and 50 in breath is a 12 - 16 month disqualifiaction, a fine of between 125% and 175 % of weekly income and court costs. Immobilising, impounding or confiscating your vehicle If you are caught drink driving you may have your vehicle impounded if … For a third offence, the maximum penalties are much more serious: see “Repeated or serious drink/drug driving: Heavier penalties” in this chapter. Drink driving is a serious criminal offence that can lead to a driving ban, a fine and a criminal record, to name but a few of the possible consequences. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. Is Drink Driving a Criminal Offence? Home  >   If you a caught driving with a Blood alcohol content (BAC) of = 0.05 - < 0.08 you may either be infringed or required to appear in court. You are still legally entitled to drive until either you plead guilty (often at the first hearing) or are found guilty after a trial. Sentence for people who are found guilty of driving whilst under the influence of drugs: Someone … Continue reading What sentence can a drug driver expect? As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. The penalty depends on the actual allegation. If this is your third drink driving offence, you will almost certainly receive a custodial sentence. If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction. The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendant’s driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous – section 2A of the RTA 1988. Her approach and advice were excellent. Im so worried what charge he will get at the end of the month, he was honest as soon as he got pulled. Where an individual has driven a motor vehicle and the evidence is sufficient to support a charge under s.4, 5, 5A or 7(6) RTA 1988, a prosecution will almost invariably follow. After the amendments from first reading, the penalties for causing injury and causing death are distinguished. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. It is crucial to get timely and accurate legal advice if you’ve been charged with a drink driving offence. You will be banned for three years if you’re convicted twice in 10 years. If you need expert legal advice straight away, try our online tool which will explain your next steps and get you in touch with a solicitor. a possible driving ban. 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