Drunk driving (United Kingdom)
Encyclopedia
Drink-driving laws in the United Kingdom govern driving, attempting to drive, or being in charge of a motor vehicle when either over the prescribed limits of alcohol in the body, or unfit to drive as a result of consuming alcohol
or other intoxicating substances.
offences under the Road Traffic Acts:
The law takes a broad view of driving. For example, an owner over the drink-drive limit will commit an offence if they help to push a car along the street away from blocking a driveway.
It is a separate offence to be in charge of a vehicle while over the prescribed limit, even without driving or attempting to drive it. This offence does not carry mandatory disqualification, although the maximum penalties are otherwise similar. A person may be deemed to be responsible for a vehicle if they are in possession of the key; the onus is then on the suspect to prove that they had no intention of driving. The car does not have to be in motion and an offender does not have to sit at the wheel. Whether a person is in charge is a matter of fact and degree, but there are two distinct classes of cases:
before they provide evidential specimens; any delay can be prosecuted as a refusal without reasonable excuse. They may be allowed a telephone call to a solicitor
of their choice, or a duty solicitor, at the discretion of the custody sergeant.
The legal limit in breath is 35 microgram
s of alcohol per 100 ml of breath, although a person will not be prosecuted unless they reach 40 or more. If a breath sample contains between 40 and 50 micrograms per 100 ml, the suspect is entitled to ask for a blood or urine
specimen to be taken to check the accuracy of the machine, if the suspect chooses not to request this then the sample from the machine will be final and they will be charged. The limit for blood
is 80 mg of alcohol per 100 ml of blood, and for urine is 107 milligrammes of alcohol per 100 ml of urine.
If the evidential breath specimen is over the legal limit, the driver is charged and bail
ed to attend court
. Alternatively, if an analysis of the blood or urine sample is necessary, then the sample will be sent off and the driver will be bailed to return to the police station at a later date, unless otherwise notified.
The majority of drink driving offences are summary only offences which can only be tried in a magistrates court. Only the most serious charges, associated with the serious charge of dangerous driving
or where there is a death involved, may be committed to crown court
which has greater sentencing powers.
, and published on the internet. Magistrates are required to announce many major factors affecting sentence, including any variation from the guidelines, so that an appeal may be made if appropriate.
For lower alcohol readings, the driver will normally receive a fine broadly determined by one or two weeks' net relevant income, and a minimum mandatory disqualification of 12 months. For a reading twice the legal limit, a ban of 18 months is usual, with a larger fine. If over 2½ times the legal limit, 87.5 micrograms in breath, magistrate
s will actively consider a community order
which could involve unpaid work, supervision, curfew
, or treatment if the offender suffers from an alcohol problem; in addition a special medical report (for which the offender must pay) will be needed on applying for a new licence at the end of the disqualification period, often 24 months. If the reading is over 115 micrograms, or if the offender has a history of drink driving, then the Court will actively consider prison
as an option.
All penalties, such as fines and community orders, are likely to be reduced by 25% for a guilty plea made at the first opportunity; and the prosecution costs will also be reduced.
A Victim Surcharge, currently £15, will be added to any fine. A Collection Order may be made if the offender requests time to pay surcharge, compensation, fines, and costs.
Due to traffic violations reciprocity
agreements with the Irish
Road Safety Authority
and its Isle of Man
counterpart, an offender with a drink-driving conviction in the United Kingdom proper will also be disqualified from driving in Ireland and the Isle of Man.
"Special Reasons" can only relate to the offence, rather than the offender: for example, the fact that the driver's drink had been spiked, or that there was a life-and-death emergency, but not a dire effect on the offender's livelihood.
If the Court consider that the offender is a suitable candidate for a drink-drive awareness course, then the disqualification will normally be discounted by 25% if the offender completes and pays for an approved course (about £150, taking 12 hours) within a time limit.
There are special provisions relating to repeat offenders and/or those with very high readings, with the court being required to impose minimum ban of three years and/or revoke their licence until they have passed a medical and/or a (possibly extended and more expensive) driving test
.
Motorists convicted of drink-driving receive a mandatory driving ban (more often than not 12 months for a first offence and an alcohol level reading less than 87 mg) together with a fine. The maximum penalties of a £5,000 fine and 6 months imprisonment are practically never imposed.
There is no requirement to retake the driving test once a ban is over, unless the convicted person is a repeat offender, has caused damage and/or injury, caused a death or if the court specifically ordered the offender to do so.
However in Northern Ireland, any motorist convicted of any drink driving offence is required to retake their driving test once their disqualification period has ended.
The courts can offer a convicted driver the opportunity to attend and complete a Drink-Drive Rehabilitation Course. This is only offered at the discretion of the magistrates and cannot be requested by the convicted person. The Drink-Drive Rehabilitation Course can reduce a person's disqualification from driving by up to 25% - for example, if on a 12 month ban then the ban would be reduced to 9 months.
is not generally available (unless both there is a risk of imprisonment and the driver qualifies on low income grounds). At many courts and police stations a duty solicitor
scheme may offer some free assistance, although there is not any entitlement to representation.
On disqualification, the costs of rearranging transport, whether or not disposing of vehicles, will obviously vary substantially according to circumstances. However, there are usually more direct costs and expenses, in addition to the court fines and financial orders.
Whether or not a disqualified driver chooses to pay for a drink-driving course (min. £150 in 2010), there will be relicencing costs if disqualified for 56 days or more: a new UK driving licence costs £65 basic in 2010, increased by any requirements for a High Risk Offender's medical report (£95 licence fee plus £120 medical fee, and the application may not prove straightforward) and/or driving tests (for cars in 2010, £31 theory test, plus either £62/£75 practical test or £124/150 for an extended test).
Once a convicted motorist's driving ban is over, they can apply immediately to the DVLA to have their driving licence reinstated.
Those convicted with extremely high alcohol level readings and those convicted of "failure to provide a specimen for analysis" must satisfactorily complete the medical report before the DVLA can return their driving licences to them.
A drink-driving endorsement on one's driving licence increases his/her car insurance premiums, and the majority of motorists with drink driving endorsements on their driving licences currently pay the highest kind of insurance premiums, however most insurance companies take little interest or notice of convictions after 5 years and there can be lower premiums for those who have taken the Drink-Drive Rehabilitation Course.
A disqualified driver will have a criminal conviction (which can, for example, cause career difficulties in employment, or complicate U.S. visa/waiver applications).
Although after five years the conviction may often be disregarded for general purposes as "spent" under the Rehabilitation of Offenders Act 1974
, information on your driving entitlement and endorsements is still available to the courts and police on request, and can affect a police officer's attitude and discretion. It will be difficult/expensive to rent a car for at least five years, and the offender's UK driving licence will remain endorsed for eleven years; a £20 exchange fee is payable to obtain a clean licence after that time. Any further relevant convictions during this time can attract more severe consequences.
Finally, local newspapers may well report offenders' names and addresses and court proceedings; if such reports appear on their website, search engines may find them under the offender's name for a considerable time.
Drinking and driving occurs across a wide range of age groups but particularly among young men aged 17–29 in both casualties and positive breath tests following a collision. When the government first published statistics in 1979, 1,640 people were killed in drink-related crashes. Figures from 2003 show that some 560 people were killed in crashes in which a driver was over the legal limit.
The latest figures from 2007 show that out of a total of 2,946 people killed on the UKs roads, 460 (16%) were as a result of drink driving.
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
or other intoxicating substances.
Offences
There are three main types of drink-drivingDriving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
offences under the Road Traffic Acts:
- Driving or attempting to drive a vehicle while over the prescribed limit or whilst unfit through drink or drugsRecreational drug useRecreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
. - Being in charge of a vehicleVehicleA vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
while over the prescribed limit. - Failing to provide a roadside breath test or an evidential specimenSpecimenA specimen is a portion/quantity of material for use in testing, examination, or study.BiologyA laboratory specimen is an individual animal, part of an animal, a plant, part of a plant, or a microorganism, used as a representative to study the properties of the whole population of that species or...
of breath, blood or urine when required.
The law takes a broad view of driving. For example, an owner over the drink-drive limit will commit an offence if they help to push a car along the street away from blocking a driveway.
It is a separate offence to be in charge of a vehicle while over the prescribed limit, even without driving or attempting to drive it. This offence does not carry mandatory disqualification, although the maximum penalties are otherwise similar. A person may be deemed to be responsible for a vehicle if they are in possession of the key; the onus is then on the suspect to prove that they had no intention of driving. The car does not have to be in motion and an offender does not have to sit at the wheel. Whether a person is in charge is a matter of fact and degree, but there are two distinct classes of cases:
- If an owner or lawful possessor has recently driven a vehicle, he was then in charge, and the question would be whether he was still in charge or had relinquished his charge.
- If the defendant was not the owner, lawful possessor or recent driver, but was sitting in the vehicle or otherwise involved with it, the question is whether he had assumed charge.
Police powers to require breath tests, etc.
If a police officer suspects a driver of committing a moving traffic offence or of having consumed alcohol, or if the driver has been involved in a Road Traffic Collision (RTC), they may require the driver to provide a sample of breath for analysis. Failure to provide the sample without reasonable excuse is an offence in itself. The driver will be required to blow into a screening breath test device, commonly known as a breathalyser, which will give a preliminary reading of their breath alcohol content; if the reading given is above 35 micrograms of alcohol in 100 ml of breath then the driver will be arrested and taken to a police station in order that further, evidential samples may be taken. Persons required to provide a breath sample have no entitlement to legal adviceLegal advice
In the common law, legal advice is the giving of a formal opinion regarding the substance or procedure of the law by an officer of the court , ordinarily in exchange for financial or other tangible compensation...
before they provide evidential specimens; any delay can be prosecuted as a refusal without reasonable excuse. They may be allowed a telephone call to a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
of their choice, or a duty solicitor, at the discretion of the custody sergeant.
The legal limit in breath is 35 microgram
Microgram
In the metric system, a microgram is a unit of mass equal to one millionth of a gram , or 1/1000 of a milligram. It is one of the smallest units of mass commonly used...
s of alcohol per 100 ml of breath, although a person will not be prosecuted unless they reach 40 or more. If a breath sample contains between 40 and 50 micrograms per 100 ml, the suspect is entitled to ask for a blood or urine
Urine
Urine is a typically sterile liquid by-product of the body that is secreted by the kidneys through a process called urination and excreted through the urethra. Cellular metabolism generates numerous by-products, many rich in nitrogen, that require elimination from the bloodstream...
specimen to be taken to check the accuracy of the machine, if the suspect chooses not to request this then the sample from the machine will be final and they will be charged. The limit for blood
Blood
Blood is a specialized bodily fluid in animals that delivers necessary substances such as nutrients and oxygen to the cells and transports metabolic waste products away from those same cells....
is 80 mg of alcohol per 100 ml of blood, and for urine is 107 milligrammes of alcohol per 100 ml of urine.
If the evidential breath specimen is over the legal limit, the driver is charged and bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
ed to attend court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. Alternatively, if an analysis of the blood or urine sample is necessary, then the sample will be sent off and the driver will be bailed to return to the police station at a later date, unless otherwise notified.
The majority of drink driving offences are summary only offences which can only be tried in a magistrates court. Only the most serious charges, associated with the serious charge of dangerous driving
Dangerous driving
Dangerous driving is a statutory offence in England and Wales and Scotland and Northern Ireland. It is also a term of art used in the definition of the offence of causing death by dangerous driving...
or where there is a death involved, may be committed to crown court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
which has greater sentencing powers.
Magistrate's Court sentencing guidelines
The general maximum penalties for drink-driving, of 6 months' imprisonment and a Band C fine (£5000), together with disqualification from driving, and ancillary orders, are practically never imposed. Detailed definitive sentencing guidance to magistrates on each charge, scaled according to the alcohol level and the circumstances of the offence and the offender, including lists of aggravating and mitigating factors, are frequently revised by the Sentencing Guidelines CouncilSentencing Guidelines Council
The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom, created by s.167 of the Criminal Justice Act 2003. It gave authoritative guidance on sentencing to the courts of England and Wales...
, and published on the internet. Magistrates are required to announce many major factors affecting sentence, including any variation from the guidelines, so that an appeal may be made if appropriate.
For lower alcohol readings, the driver will normally receive a fine broadly determined by one or two weeks' net relevant income, and a minimum mandatory disqualification of 12 months. For a reading twice the legal limit, a ban of 18 months is usual, with a larger fine. If over 2½ times the legal limit, 87.5 micrograms in breath, magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s will actively consider a community order
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
which could involve unpaid work, supervision, curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
, or treatment if the offender suffers from an alcohol problem; in addition a special medical report (for which the offender must pay) will be needed on applying for a new licence at the end of the disqualification period, often 24 months. If the reading is over 115 micrograms, or if the offender has a history of drink driving, then the Court will actively consider prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
as an option.
All penalties, such as fines and community orders, are likely to be reduced by 25% for a guilty plea made at the first opportunity; and the prosecution costs will also be reduced.
A Victim Surcharge, currently £15, will be added to any fine. A Collection Order may be made if the offender requests time to pay surcharge, compensation, fines, and costs.
Disqualification
In addition to a penal sentence, an offender convicted of drink-driving will almost invariably have imposed a mandatory disqualification, which although regarded as primarily for public safety may well have punitive consequences for some offenders. The Court has the power to avoid disqualification only where they find and announce "Special Reasons" not to disqualify; in such a case the driver will receive 10 penalty points.Due to traffic violations reciprocity
Traffic Violations Reciprocity
Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as "points" on one's license and the ensuring increase in insurance premiums...
agreements with the Irish
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
Road Safety Authority
Road Safety Authority
The Road Safety Authority, RSA, is an authority to which the Irish Government has devolved control of much of the work of the Department of Transport, and was established in September 2006, charged with the task of improving safety on Irish roads and established under the Road Safety Authority Act...
and its Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
counterpart, an offender with a drink-driving conviction in the United Kingdom proper will also be disqualified from driving in Ireland and the Isle of Man.
"Special Reasons" can only relate to the offence, rather than the offender: for example, the fact that the driver's drink had been spiked, or that there was a life-and-death emergency, but not a dire effect on the offender's livelihood.
If the Court consider that the offender is a suitable candidate for a drink-drive awareness course, then the disqualification will normally be discounted by 25% if the offender completes and pays for an approved course (about £150, taking 12 hours) within a time limit.
There are special provisions relating to repeat offenders and/or those with very high readings, with the court being required to impose minimum ban of three years and/or revoke their licence until they have passed a medical and/or a (possibly extended and more expensive) driving test
Driving test
A driving test is a procedure designed to test a person's ability to drive a motor vehicle. It exists in various forms worldwide, and is often a requirement to pass the exam to obtain a driver's license...
.
Motorists convicted of drink-driving receive a mandatory driving ban (more often than not 12 months for a first offence and an alcohol level reading less than 87 mg) together with a fine. The maximum penalties of a £5,000 fine and 6 months imprisonment are practically never imposed.
There is no requirement to retake the driving test once a ban is over, unless the convicted person is a repeat offender, has caused damage and/or injury, caused a death or if the court specifically ordered the offender to do so.
However in Northern Ireland, any motorist convicted of any drink driving offence is required to retake their driving test once their disqualification period has ended.
The courts can offer a convicted driver the opportunity to attend and complete a Drink-Drive Rehabilitation Course. This is only offered at the discretion of the magistrates and cannot be requested by the convicted person. The Drink-Drive Rehabilitation Course can reduce a person's disqualification from driving by up to 25% - for example, if on a 12 month ban then the ban would be reduced to 9 months.
Other orders
In addition, the Court may make a Compensation Order for any injury or damage caused; and there will normally be a Costs Order, to pay prosecution costs (perhaps £85 on a guilty plea, double that for a short trial).Further costs and consequences
A driver who privately employs legal advice or representation must pay the costs, perhaps of the order of £200 per hour. Legal aidLegal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
is not generally available (unless both there is a risk of imprisonment and the driver qualifies on low income grounds). At many courts and police stations a duty solicitor
Duty solicitor
In the several Commonwealth countries, including the United Kingdom, Australia, New Zealand and Canada, a duty solicitor is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge if that person does not have access to a...
scheme may offer some free assistance, although there is not any entitlement to representation.
On disqualification, the costs of rearranging transport, whether or not disposing of vehicles, will obviously vary substantially according to circumstances. However, there are usually more direct costs and expenses, in addition to the court fines and financial orders.
Whether or not a disqualified driver chooses to pay for a drink-driving course (min. £150 in 2010), there will be relicencing costs if disqualified for 56 days or more: a new UK driving licence costs £65 basic in 2010, increased by any requirements for a High Risk Offender's medical report (£95 licence fee plus £120 medical fee, and the application may not prove straightforward) and/or driving tests (for cars in 2010, £31 theory test, plus either £62/£75 practical test or £124/150 for an extended test).
Once a convicted motorist's driving ban is over, they can apply immediately to the DVLA to have their driving licence reinstated.
Those convicted with extremely high alcohol level readings and those convicted of "failure to provide a specimen for analysis" must satisfactorily complete the medical report before the DVLA can return their driving licences to them.
A drink-driving endorsement on one's driving licence increases his/her car insurance premiums, and the majority of motorists with drink driving endorsements on their driving licences currently pay the highest kind of insurance premiums, however most insurance companies take little interest or notice of convictions after 5 years and there can be lower premiums for those who have taken the Drink-Drive Rehabilitation Course.
A disqualified driver will have a criminal conviction (which can, for example, cause career difficulties in employment, or complicate U.S. visa/waiver applications).
Although after five years the conviction may often be disregarded for general purposes as "spent" under the Rehabilitation of Offenders Act 1974
Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is...
, information on your driving entitlement and endorsements is still available to the courts and police on request, and can affect a police officer's attitude and discretion. It will be difficult/expensive to rent a car for at least five years, and the offender's UK driving licence will remain endorsed for eleven years; a £20 exchange fee is payable to obtain a clean licence after that time. Any further relevant convictions during this time can attract more severe consequences.
Finally, local newspapers may well report offenders' names and addresses and court proceedings; if such reports appear on their website, search engines may find them under the offender's name for a considerable time.
Statistics
On average, 3,000 people are killed or seriously injured each year in drink-drive collisions in the United Kingdom which is the fifth safest country in the world per 100,000 inhabitants. Nearly one in six of all deaths on the road involve drivers who are over the legal alcohol limit.Drinking and driving occurs across a wide range of age groups but particularly among young men aged 17–29 in both casualties and positive breath tests following a collision. When the government first published statistics in 1979, 1,640 people were killed in drink-related crashes. Figures from 2003 show that some 560 people were killed in crashes in which a driver was over the legal limit.
The latest figures from 2007 show that out of a total of 2,946 people killed on the UKs roads, 460 (16%) were as a result of drink driving.