Drink Driving Solicitors
Call Freephone 0800 1389 123 Driving Offence Solicitors
request a call back driving offence solicitors

DRINK DRIVING SENTENCING GUIDELINES

Geoffrey Miller Drink Driving Sentencing Guidelines information. Call our team of expert motoring solicitors for some free initial advice.

If you need to know the Drink Driving Sentencing Guidelines and if this is your first drink driving related offence within the last 10 years, the mandatory minimum penalty is a 12 month ban and a fine. Therefore, it is not possible to have a partial ban where you can drive for certain activities such as work. A ban means NO DRIVING!

Do you want to talk to the Drink Driving Solicitors who from 1st January 2015 until 20th December 2018…

Breath Drink Driving Cases WON 80%

Blood Drink Driving Cases WON 99%

Urine Drink Driving Cases WON 100%

Failing to Provide a Specimen Cases WON 89%

Drug Driving Sample Cases WON 93%

AND WON 86% of our Alcohol and Drug related cases overall!

Disqualification

The ban imposed may be longer depending on a number of factors such as the reading you gave and whether there are any “aggravating” features like a police chase, an accident or evidence of very poor driving.

The Magistrates will take into account guidelines issued to them when deciding what penalty to impose.

If this is a repeat offence within a 10 year period

The mandatory minimum penalty is a 3 year ban and a fine. If the repeat offence is within a fairly short period since the previous conviction(s) the Magistrates may wish to consider imposing a more serious penalty such as community service or even prison. Unlike in America, where a day in jail is commonplace, it is quite rare for a custodial penalty of any length imposed but you should be aware that the Magistrates do have the power to impose a prison sentence of up to 6 months for any alcohol related offence.

Are you at risk of a custodial penalty?

We appreciate that you are probably scared out of your wits by this information. Most importantly, it is EXTREMELY RARE for defendants of previous good character sentenced to a period of custody following a drink driving charge. Therefore, if you are at risk of a custodial penalty, you may qualify for legal aid. However, we do not offer our services under the legal aid scheme. If you are looking for a legal aid lawyer, we suggest you contact the Community Legal Services Board for details of a firm in your area.

For more details about the possible penalties for the offences with which you are facing, please take some time to consider the penalties and guidelines page. Or, call our team of specialist drink driving solicitors who can help you with your drink driving case.

Call Us Now on Freephone

0800 1389 123

Or
Request A Call Back

Fill in your name and telephone number and we will call you back.
Rest assured all data transferred on Motoroffence.co.uk is secured using trusted SSL Certificate from COMODO.

Court Costs if guilty plea entered at first hearing

The CPS uses a scale when calculating costs. The scale represents the average costs incurred in a wide range of cases. Obviously the more complex a case becomes, the higher the costs and for each additional defendant in a case the total level of costs is increased by 20%.

In a Magistrates’ Court if a guilty plea is entered at the first hearing the likely costs will be one of the following;

Summary Guilty Plea

  • Lower – £105
  • Average – £135
  • Higher – £160

Court Costs if convicted after trial

Summary Trial

  • Lower – £620
  • Average – £775
  • Higher – £930

For more guidance on the likely level of costs that will be sought, please refer to the Crown Prosecution Service website.

Victim’s surcharge

The victim’s surcharge is an additional fixed levy dependent on the sentence imposed and up to a maximum of £120 applied by the Court, not the CPS, when sentencing a Defendant. Therefore, the money generated by this charge is spilt between;

  1. The Home Office;
  2. The CPS – to put into their “No Victims No Justice” project;
  3. Various organisations that deal with witness care.

The term witness is used but it essentially means the money goes to victims of crime. However, there does not have to be victims directly affected by the specific crime the Defendant was convicted for.

AdultVictim Surcharge
A conditional discharge£15
A fine10% of the fine value with a £20 minimum and a £120 maximum (surcharge should be rounded up or down to the nearest pound)
A community sentence£60
An immediate custodial sentence6 months and below – £80
Over 6 months and up to and including 2 years – £100
Over 2 years – £120 (only in Crown Court)
A suspended sentence6 months and below – £80
Over 6 months and up to and including 1 year – £100

Fine

In addition to receiving a driving ban, fined and ordered to pay court costs. However, the amount of the fine will depend on a few factors concerning the nature of the offence and your own income. In the past, the fine was capped to a maximum of £5000 but this cap was removed in 2015 so the fine is now unlimited and is calculated by reference to the offender’s income. Typically, the fine will be 1.5 x the offender’s net weekly earnings.

It may be possible to arrange to pay the fine by way of instalments depending on your income.

Community order

Community orders can be imposed with the following requirement(s):

  • Unpaid work requirement;
  • Activity requirement;
  • Programme requirement;
  • Prohibited activity requirement;
  • Curfew requirement;
  • Exclusion requirement;
  • Residence requirement;
  • Mental health treatment requirement;
  • Drug rehabilitation requirement;
  • Alcohol treatment requirement;
  • Supervision requirement;
  • Attendance centre requirement;

Drink Drive Rehabilitation Course

You maybe offered the opportunity to complete the Drink Drive Rehabilitation Course which, if completed successfully by a specified date that will result in a reduction of up to 25% from your period of disqualification. This course will last at least 16 hours, spread over a number of days. However, you will have to pay the cost of the course (typically £3-500). Most importantly, its not compulsory to attend the course but if you do not attend and complete it, to the satisfaction of the course organisers, you will have to serve the whole period of your disqualification.

Getting your licence back

When you are eligible to drive again you will have to reapply for a new licence yourself, directly to the DVLA. The DVLA should send you an application to renew your driving licence 56 days before your disqualification ends. However, you will not be able to drive until you have reapplied for your licence. Therefore, if you drive before this point, even though the period of the driving disqualification is over, you are technically driving otherwise than in accordance with a valid licence and may face a driving offence.

Repeat offenders or High Risk offenders

If your disqualified with an alcohol level of over: 200mg per 100ml of blood; OR 87.5µg per 100ml of breath; OR 267.5mg per 100ml of urine or your disqualified twice in 10 years for certain alcohol related offences you are a ‘high risk offender’. However, the DVLA requires ‘high risk offenders’ to undergo medical enquiries before you can renew your driving licence.

Reapplying for your licence at the end of the disqualification

Following disqualification, the DVLA should contact you to explain that, upon reapplying for your licence at the end of the disqualification. The question of whether the conviction indicates a medical disability and, if so, whether you have brought the drinking problem under control, the DVLA will assess. They should send you the necessary application form 90 days before your disqualification ends. The DVLA will advise you to seek help and advice during the period of disqualification. Therefore, you must satisfy the Medical Advisory Branch at the Department for Transport that you do not have an alcohol problem in order to give you a driving licence.

The assessment will involve: filling in a medical questionnaire about your medical history and how much alcohol you drink, a physical examination, a urine test and blood tests. This currently costs about £100.00.

Application for early return of your licence (2 year ban or more only)

If disqualified for more than 2 years, there are circumstances when you may make an application to the court to remove the disqualification imposed earlier than the date ordered by the court. This is only possible if no retest has been ordered. Therefore, the application must be made to the court that imposed the original ban and they will consider the following criteria:

  • The offender’s character and post-conviction conduct;
  • The nature of the offence for the conviction; and
  • Any other circumstances of the case.

An application may only be if:

  • Two years have passed since disqualification of four years or less given; or
  • One half of the period of disqualification has passed, if four years to ten years disqualification given; or
  • Five years have passed if a disqualification for ten years or more given.

If your application is refused, it is possible to renew the application after a period of three months from the date of refusal.

OUR DRINK DRIVING TESTIMONIALS

Honestly – Geoffrey Miller solicitors are amazing and so worth it. My feedback cannot Express how gratifying I am with Geoffrey Miller solicitors as regards the handling of my drink driving case from start to finish especially Jeanette. What a fantastic experience with fantastic result in my drink driving case.... Read More

Honestly – Geoffrey Miller solicitors are amazing and so worth it.
My feedback cannot Express how gratifying I am with Geoffrey Miller solicitors as regards the handling of my drink driving case from start to finish especially Jeanette. What a fantastic experience with fantastic result in my drink driving case.

I got my two drink driving charges dismissed and dropped. Jeanette is fantastic, she is
Very thoughtful, personable and knowledgeable on all aspects of driving offence. Geoffrey Miller uses best barrister. My barrister in my cases was exceptional and his epic performance in the court that got me the result.

It was a long tiring process but the whole team of Geoffrey Miller including Saskia, Victoria Brennan and John Ruane were very helpful.

They are outstanding. Finally I cannot put into words how grateful I am for the help of Geoffrey Miller Solicitors especially Jeanette and my barrister. They are worth every penny and now they are helping to get some court fees back too.

Amazing firm and fantastic result…

Anonymous 57
Drink Driving
Case Discontinued
North East

From my initial conversation with Jeanette Miller back in July to our last call yesterday, dealing with Geoffrey Miller solicitors has been, dare I say, a pleasure. The last few months have been torture, but placing my future in the hands of GMS was the best decision I could have... Read More

From my initial conversation with Jeanette Miller back in July to our last call yesterday, dealing with Geoffrey Miller solicitors has been, dare I say, a pleasure. The last few months have been torture, but placing my future in the hands of GMS was the best decision I could have made. They are ultra professional, honest, diligent and give updates on a regular basis. They dive deeply into the case and highlight the shower that is the CPS. Ellie Taylor has been a shining light when there was not much but darkness. I simply cannot give too much praise. Thank you all at GMS, my appreciation cannot be expressed highly enough.

Alan
Drink Driving
Acquitted
Sunderland

Honestly – these guys are so worth it !! These guys are the very best. My very first call with Jeanette was so reassuring but still, like many, I feared the worse. However with the amazing prowess of the wonderful Defence Barrister they appointed, the trial today actually resulted in... Read More

Honestly – these guys are so worth it !!

These guys are the very best.
My very first call with Jeanette was so reassuring but still, like many, I feared the worse.

However with the amazing prowess of the wonderful Defence Barrister they appointed, the trial today actually resulted in the case being dismissed and all charges dropped !!

It was Marc’s rigorous chasing of the CPS which highlighted their many failures, and my Barristers absolutely epic performance in the court that got me the result I first could only dream of.

Don’t have a doubt, use Geoffrey Miller Solicitors

A J M
Drink Driving
Acquitted
Cambridgeshire

I had already been sentenced and appealed my case and lost the appeal being represented by a different much cheaper law firm so I thought all was lost, I was banned from driving for 29 months, received 150 hours of unpaid work and a hefty fine. I called Geoffrey Millers... Read More

I had already been sentenced and appealed my case and lost the appeal being represented by a different much cheaper law firm so I thought all was lost, I was banned from driving for 29 months, received 150 hours of unpaid work and a hefty fine. I called Geoffrey Millers after my appeal had been lost and spoke to Jeanette and asked if there was anything that could be done. I was advised going to crown court to appeal was an option but would mean a whole new case. It was very daunting and stressful but the staff reassured me at every stage and were very supportive. They got my ban suspended pending trial so I was able to drive again in the months up to the case going to Crown. The investigation and work put into my case was second to none and I never felt that all my questions and stressed out calls to them were too much bother. I attended crown court and was hoping for a reduced ban but the outcome was amazing, I won my special reasons appeal meaning I could keep my licence and the community order was scrapped. I cannot thank them enough for taking on my case even after I had previously lost an appeal and had used a different solicitors, my only regret was that I did not go to them first. Worth every penny and more. Thank you so much to Jeanette, Diana and all the team.

Anonymous 55
Drink Driving
Ban appealed due to special reasons and was won
Manchester

This was an alleged second Drink Driving conviction within 10 years. I was going through a divorce and my world was completely upside down. I had no car, no home and limited access to my family. It was the worst time of my life. Ellie looked after me the whole... Read More

This was an alleged second Drink Driving conviction within 10 years. I was going through a divorce and my world was completely upside down. I had no car, no home and limited access to my family. It was the worst time of my life. Ellie looked after me the whole time and really was a human towards me and gave me the confidence to keep going leading me to plead Not Guilty. The result was exactly as Ellie anticipated which was great news! My life is now back on track after a gruelling 10 months, I cannot thank Ellie, the team at GMS and my Barrister who was just on another level!

Please call GMS because they are fantastic!

Anonymous 54
Drink Driving
Acquitted
Hertfordshire

My feedback cannot express how gratifying I am with Geoffrey Miller Solicitors as regards the handling of my drink driving case from start to finish. I have always held some level of reservation about legal advise particularly with road traffic cases, however GM solicitors have evidently change my skepticism. The... Read More

My feedback cannot express how gratifying I am with Geoffrey Miller Solicitors as regards the handling of my drink driving case from start to finish.

I have always held some level of reservation about legal advise particularly with road traffic cases, however GM solicitors have evidently change my skepticism.

The level of professionalism, optimism, efficiency and value for money from the moment I presented my case to Jeanette S. Miller up to the point John Ruane called to inform my case have been discontinued by the CPS was (5 star) excellent.

Jeanette kept reassuring me there was a strong possibility of success even when I felt all hopes were lost. My biggest thank you goes out to John for the high level of transparency and real-time progress update on my case.

Your firm is top notch and I will always relish the good result delivered for the rest of my life. Yes people might say it is an expensive service, however it was worth the result at the end plus the level of payment flexibility makes it affordable for all.

Please keep up the good work and maintain the level of excellent.

Mr Philip O
Drink Driving
Discontinued Before Trial
London

Unbelievable!!! I have to confess that I was extremely sceptical about achieving a successful outcome, but was reassured all through the process by some excellent staff at Geoffrey Miller that there was hope where I could see none. Today all charges were dropped by the CPS and I can’t thank... Read More

Unbelievable!!! I have to confess that I was extremely sceptical about achieving a successful outcome, but was reassured all through the process by some excellent staff at Geoffrey Miller that there was hope where I could see none. Today all charges were dropped by the CPS and I can’t thank John Ruane and my Barrister enough for their outstanding efforts, life can finally get back to some normality after months of stress and I only have Geoffrey Miller to thank for this.

MW
Drink Driving
CPS offered no evidence
Northamptonshire

Oh my god Geoffrey Miller Solicitors are amazing totally professional reassuring and confident from the very start of proceedings thank you so much regards J CARRARA

Justin Carrara
Drink Driving
Acquitted
Norfolk

You are probably reading this because you are terrified, but you have come to the right place… When I was arrested almost 10 months ago my world fell apart, I didn’t know what to do, I couldn’t sleep and I was in panic mode. I called a friend at work... Read More

You are probably reading this because you are terrified, but you have come to the right place… When I was arrested almost 10 months ago my world fell apart, I didn’t know what to do, I couldn’t sleep and I was in panic mode. I called a friend at work who recommended Geoffrey Miller. After a lot of research and reading all the testimonials (twice) I finally plucked up courage and made the call. Jeannette Miller was the first person I spoke to, her warm and understanding nature without any judgement was something I was not expecting and immediately knew I made the right decision. Ellie Taylor (who is just amazing!!) was assigned my case worker, the expense needed for fees were a worry but the team worked with me throughout so I was never overwhelmed by costs (it is worth it believe me). After months of back and forth and trial dates being moved or adjourned, the CPS doing their best to derail everything, we finally went to trial. My barrister is someone I will never forget, he was just incredible and knew exactly what his plan was, I was so scared of losing my license as it would ruin my job, house and future work prospects… I shouldn’t have worried all those months, I was acquitted. I am truly grateful for the incredible work this team does. Please give them a call as soon as you can, that call could very well change your life.

Stuart M
Drink Driving
Acquitted
London

I cannot put into words how grateful I am for the help Geoffrey Miller have given me. I got caught 7 years ago and then caught again 7 years later, which could have resulted in a 3 year ban (possibly more) and a fine and possibly community service. I run... Read More

I cannot put into words how grateful I am for the help Geoffrey Miller have given me. I got caught 7 years ago and then caught again 7 years later, which could have resulted in a 3 year ban (possibly more) and a fine and possibly community service. I run my own business and this had the potential to ruin my business and everything I have. I did a search for specialist solicitors and Geoffrey Millar came up first. I was obvs in a state of distress, but I spoke to Jeanette and she instantly put me at ease by talking through the event of arrest and assuring me that they had confidence to help. Naturally you feel sceptical I think that’s natural, however after the first call they kept in contact and it helped in making the decision to use Geoffrey Miller. I’ll be honest the fees can make you feel its a big risk, but then the success rate is high, so I took the plunge. John Ruane was my case manager and he always kept me informed and told me not to worry. It did take nearly a year to get to a decision (no fault of Geoffrey Miller, that’s just how it worked out) but I kept my licence during this time, which meant I could continue with my life, and I was looked after by some great people on preliminary court hearings and they too, were great! Today I have just been acquitted and case dismissed. Worth every penny, and now they are helping to get some court fees back, which is great! If you Need help, and you feel lost/stressed give these guys a call! and check out the success rate, it worked for me.

Consider what it means to keep a licence and not pay high premiums on insurance after your ban is over, and you will see its worth the cash!

Thank you John, and All the team.

Jim
Drink Driving
Acquitted
West Sussex
Load More Testimonials
VIEW ALL OUR DRINK DRIVING TESTIMONIALS

†Figures include successful appeals and exclude cases lost that are the subject of appeal as at 20th December 2018.

Call Us Now Free on 0800 1389 123

Call Geoffrey Miller Solicitors 24 hours 7 days a week

Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

ASK OUR CLIENTS

Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

Ask Now

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur…

Try It Now

PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

View Pricing

Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
Registered Office: Riverside House Kings Reach Business Park, Yew Street, Stockport, United Kingdom, SK4 2HD.
Authorised and Regulated by the Solicitors Regulation Authority No: 573314 VAT No:162576593.
Managing Director: Jeanette S. Miller Director: Tara Boyle. View our Website Terms of Use, Privacy and Cookies policy, Accessibility Policy, Personal Indemnity Insurance Policy, Sitemap.
Please note that our calls may be recorded for training and/or contractual purposes.

Geoffrey Miller Solicitors
geoffrey miller solicitors motoring law experts
CALL NOW 7 DAYS A WEEK 9AM to 10PM FREEPHONE 0800 1389 123