Understanding Drink Driving convictions

Drink Driving Sentencing Guidelines

Anyone convicted of a Drink Driving related offence will face either an obligatory (definite) or discretionary (possible) driving disqualification, depending on the specifics of the offence committed.

Once discharged from Police custody following a Drink Driving offence, you will be issued with documentation regarding the Drink Driving offence, including the level of alcohol detected by Police.

The table below details the guidelines followed by Magistrates (England & Wales only) for the sentencing options for your specific circumstances.

So for example, the offence of driving a vehicle while exceeding the maximum legal alcohol limit carries a minimum mandatory driving disqualification of 12 months.  While being in charge of a vehicle while exceeding the maximum legal alcohol limit carries a discretionary driving disqualification.  In instances where no disqualification is imposed, then a minimum of 10 penalty points will be imposed on an offenders' driving licence.

Regardless of whether or not a driving disqualification is imposed, a driving licence endorsement will be added to an offenders' driving licence and will remain for between 4 and 11 years, depending on the offence.  Any DVLA driving licence verification check will show any endorsements.

Additional penalties can include fines, community orders, court costs, compensation and in serious cases a custodial prison sentence.

It is also worth noting that high-risk offenders do not automatically get their licence back.

We have detailed below the most common Drink Drive convictions, along with the possible outcomes and associated DVLA endorsement codes.

Being in charge of a vehicle while above the legal limit or unfit through drink:    Road Traffic Act 1988, s.4(2)

You may get:

• 3 months’ imprisonment
• up to £2,500 fine
• a possible driving ban

If convicted, you will receive either of the following DVLA Endorsement Code(s) on your driving licence: DR20, DR80

Driving or attempting to drive while above the legal limit or unfit through drink:    Road Traffic Act 1988, s.5(1)(a)

You may get:

• 6 months’ imprisonment
• an unlimited fine
• a driving ban for at least 1 year (3 years if convicted twice in 10 years)

If convicted, you will receive the following DVLA Endorsement Code on your driving licence: DR10

Refusing to provide a specimen of breath, blood or urine for analysis:    Road Traffic Act 1988, s.7(6)

You may get:

• 6 months’ imprisonment
• an unlimited fine
• a ban from driving for at least 1 year

If convicted, you will receive either of the following DVLA Endorsement Code(s) on your driving licence: DR30, DR60

Causing death by careless driving when under the influence of drink:    Road Traffic Act 1988, s.3A

You may get:

• 14 years’ imprisonment
• an unlimited fine
• a ban from driving for at least 2 years
• an extended driving test before your licence is returned

If convicted, you will receive either of the following DVLA Endorsement Code(s) on your driving licence: CD40, CD60

What is a High-Risk Offender?

Current drink drive rules and legislation are different for drivers that have been categorised by the DVLA as a High-Risk Offender (HRO).

A High-Risk Offender is anyone that has:

• been convicted of two drink driving offences within 10 years
• been convicted for driving with an alcohol reading of at least 87.5 microgrammes of alcohol per 100 millilitres (ml) of breath, 200 milligrammes (mg) of alcohol per 100 ml of blood, or 267.5 mg of alcohol per 100 ml of urine
• refused to give the police a sample of breath, blood or urine to test for alcohol
• refused to allow a sample of your blood to be tested for alcohol (for example if it was taken when you were unconscious)

It is the duty of the DVLA to administer and notify the individual that they are a High-Risk Offender.  The court does NOT tell a person that they are a High-Risk Offender.

The DVLA typically issues a letter shortly after an individual’s conviction to notify the offender that they are a High-Risk Offender.

A High-Risk Offender will not get their new licence until they are able to prove their medical fitness to drive again. High-Risk Offenders are required to pass a medical examination with one of DVLA’s appointed doctors.

A High-Risk Offender will be issued with a D27PH renewal form 90 days before the driving disqualification end date. This D27PH form must be completed and returned to the DVLA to reapply for a new driving licence.

Please Note that  this process is different in Northern Ireland.  Drivers convicted in Northern Ireland cannot apply for a new driving licence untilthe driving ban is complete.  All drink drivers in Northern Ireland are required to resit their driving tests before they can regain a full licence, as well as passing a medical if they are a High-Risk Offender.

Timescales & Potential Delays

As seen with many other public services during the pandemic, currently there are considerable delays being experienced in applications for restoring a licence after disqualification.  This is especially true for High-Risk Offenders required to undergo a medical assessment, who are experienced longer delays in medical appointments due to NHS resource availability.  

During this time, whilst the DVLA may send out a D27 form to High-Risk Offender disqualified drivers 90 days before the ban is due to end (56 days for all other banned drivers, non-HRO) this is often not the case.

We recommend that offenders continue to observe the 56-day and 90-day windows for re-applying, before visiting a Post Office to obtain and submit a D1 form.  Please be advised that it is likely that the process may well take more than 3 months for the HRO process to be completed. 

Section 88 of the Road traffic Act 1988 allows for drivers, where the DVLA have received a complete and correct application to for restoration of a licence, to drive for up to 12 months pending the completion of the enquiries, AND their GP has no concerns about resuming driving.

This only starts when the actual ban has ended. It applies to non HRO’s or HRO’s, who were convicted prior to 1st June 2013 (but NOT since that date).

The full DVLA document which details the conditions of Section 88 of the Road Traffic Act 1988 can be viewed here. 

All conviction and legal information is current and correct at the date of publishing, sources under the Open Government Licence v3.0 (OGL) from GOV.UK

Does a drink driving conviction show on a DBS?

A Disclosure Barring Service (DBS) check (formally known as a CRB check) flags to potential employers whether you have any past criminal convictions, cautions, or warnings on your record.

However, many convictions will become ‘spent’ after a certain period of time (called a Rehabilitation Period) and will no longer show up on DBS checks. For adults over age 18, the rehabilitation periods for drink driving offences are as follows:

• Custodial sentence over 48 months – never spent. This conviction will always show up on a DBS check
• Custodial sentence of 30-48 months – 7 years from end of sentence
• Custodial sentence of 6-30 months – 4 years from end of sentence
• Custodial sentence up to 6 months – 2 years from end of sentence
• Probation Order – 12 months from end of order
• Community Order – 12 months from end of order
• Fine – 1 year from the date of conviction
• Conditional Discharge Order – from the last day of the order