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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!

Our Drink Driving Solicitors results from 1st January 2015 until 31st December 2017

Urine Drink Driving Cases – WON 100%!

Blood Drink Driving Cases – WON 98%!

Breath Drink Driving Cases – WON 83%!

Failing to Provide Cases – WON 91%!

Drug Driving Cases – WON 93%!

AND WON 89% 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.

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OUR DRINK DRIVING TESTIMONIALS

I was unfortunately involved in an accident with another road user. As I was subsequently taken to hospital for checking over, I was required to give a blood sample which, when tested was just over the legal limit. That’s when the panic set in, will I lose my job, will... Read More

I was unfortunately involved in an accident with another road user.

As I was subsequently taken to hospital for checking over, I was required to give a blood sample which, when tested was just over the legal limit. That’s when the panic set in, will I lose my job, will I still be to travel to the USA? Everything starts going through your mind of what is going to happen, if and when you lose your license.

So, I immediately started looking for specialists drink drive solicitors. I spoke to the four most popular firms including Geoffrey Millers, after finding that most of the firms would barely discuss the case until you had paid a deposit. I had the pleasure of speaking to Miss Jeannette Miller MD of Geoffrey Millers Solicitors.

It was a huge reassurance after talking to Jeannette for openly discussing the details around my case without the hard sell of which the other firms employ and it was because of the this I instructed them to act on my behalf. Along with the fact they have a very high success rate on winning cases that had similar details as my own.

I was assigned Sarah as my case handler who immediately got to work on my case. I can’t emphasis how meticulous she carried out establishing the facts around the case and developing our case strategy. With Geoffrey Miller Solicitors I always felt extremely confident in Sarah’s ability and I was frequently updated on any developments. I also fortunate enough to have John Ruane work on my case and proved to be extremely knowledgeable and helped see my case get dismissed.

It’s been a long 10 months getting the case dismissed but I always had total faith in Geoffrey Millers, that they had left nothing to chance and had a built me a very strong case when it got to court.

My trial advocate was John, he is very highly regarded barrister and made short work of the case at court. I can attest that Geoffrey Millers only call upon the best top tier Barristers for representation at court.

Its a incredibly stressful time having a drink drive conviction hanging over you and can have extremely serious consequence as a result, don’t leave it to chance and speak to Geoffrey Millers.

Mr C Bennett
Drink Driving Hospital Case
Acquitted
London/Surrey

I engaged Geoffrey Miller to help me enter a not guilty plea and I have not once been disappointed with the service they have provided. From the outset Tara was fantastic, had time and the knowledge to really explain the process to me. Not once did I feel pressured into... Read More

I engaged Geoffrey Miller to help me enter a not guilty plea and I have not once been disappointed with the service they have provided. From the outset Tara was fantastic, had time and the knowledge to really explain the process to me. Not once did I feel pressured into hiring them even after Tara spent over an hour discussing the details of my case on the telephone (more than once).

Once things were underway I can honestly say that there is not a thing I have been disappointed with, they did exactly what they said they would do and basically took the stress (as much as possible) away from me. They shouldered the burden of it all, I just did what I was asked. Both my pre-trial and trial advocates were exceptional. They just gave you the confidence that you needed in that situation. I have never been in trouble with the police and the whole experience was daunting and terrifying, it felt like they really just held my hand and gave me the hope and optimism that I needed but also kept things real.

Once we was at trial, my barrister did not give the prosecution a leg to stand on, I really was taken back at how professional and how much he knew about my case (even though we had never met). The evidence and the administration process that GM follow is without doubt one of the most robust and organised I have seen. If they handle all their cases the way they handled mine then I am really not surprised to read the exceptional reviews. It was these in the first place that prompted me to call them. Their success rates speak for themselves and now I have completed my journey with them and been acquitted I really can say with my hand on my heart that I could not have done it without them.

Thank you so very much. Yes it was costly, but to be honest I can see where and how they have earned their money and to have my life back without any conviction is worth it. If you are reading this are in doubt about hiring them, don’t, you won’t regret it 

Miss S Toby
Drink Driving
Acquitted
Peterborough

I was in a state of sheer panic from my charge of drink drive and driving with no insurance. Having researched many solicitor firms I decided to call Geoffrey Millers. Although initially apprehensive weather to proceed with the instruction due to financial restrictions, I am so glad I did! From... Read More

I was in a state of sheer panic from my charge of drink drive and driving with no insurance. Having researched many solicitor firms I decided to call Geoffrey Millers. Although initially apprehensive weather to proceed with the instruction due to financial restrictions, I am so glad I did! From the outset the team made me feel at ease and even the managing director was always available with a supportive ear. I can not thank and recommend the firm enough. Today at my trial, my case was thrown out and both charges dismissed. I am now able to walk away and forget it ever happened.

Kathryn Davies
Drink Driving, No Insurance
Case Thrown Out
West Wales

This client received news of the case against her being discontinued by email whilst abroad. Below is her emailed reaction which she has agreed to be published: OMG!!!!!!! I can’t believe what I am reading!!!! Are you sure, it’s not a mistake? I cannot believe it!! OMG it is the... Read More

This client received news of the case against her being discontinued by email whilst abroad. Below is her emailed reaction which she has agreed to be published:

OMG!!!!!!! I can’t believe what I am reading!!!!
Are you sure, it’s not a mistake? I cannot believe it!!

OMG it is the best news I have ever received in the last six months.

Thank you so much for your email and the best outcome. I remember when the first time I have spoken to you, I told you that my dream is to be one of those lucky people who wrote a testimonial in Geoffrey Miller Solicitor’s website. And then you replied that you are certain that I will be one of them. Certainly wanted to believe you, however I knew that it’s going to be a hard job to achieve it. Just so happy, that you kept your promise to the end and never let me to believe in other way.

I cannot express my gratitude, my joy and my instinct to choose Geoffrey Miller to fight for my acquittal. You were on my side during this very difficult time and God bless you and your team.

Thank you Sarah for achieving it and working towards someone else’s dream. You are a star to my eye and always be.

Miss A
Drink Driving
Case Discontinued
Bromley

Amazing service from Geoffrey Miller Solicitors. I was charged with driving with excess alcohol and I felt I was doomed. From the moment I contacted the firm, my caseworker Austin was superb. He kept me updated on everything as soon as at it came came in and filled me with... Read More

Amazing service from Geoffrey Miller Solicitors. I was charged with driving with excess alcohol and I felt I was doomed. From the moment I contacted the firm, my caseworker Austin was superb. He kept me updated on everything as soon as at it came came in and filled me with confidence. I was facing a four year ban, but Austin identified many deficiencies in the prosecution case. I can’t praise him enough. Geoffrey Miller is not inexpensive but if you’re facing a long ban, I’d go with them every time. Many thanks to my solicitor(s) Richard and Saskia who finished the case off and secured my acquittal.

Andy S
Drink Driving
Acquitted
St Albans

From the start of my initial phone call I felt reassured as it was a very worrying time for me. This continued throughout all of my correspondence with Ellie who made me feel a lot more at ease. On both my initial appearance at court and my trial day both... Read More

From the start of my initial phone call I felt reassured as it was a very worrying time for me. This continued throughout all of my correspondence with Ellie who made me feel a lot more at ease. On both my initial appearance at court and my trial day both advocates were again fantastic, especially my trial barrister.

Both of them reassuring but still giving me the facts and information of possible outcomes.
Again, all correspondence with Ellie has kept me informed of anything that may happen, she has been excellent throughout and is a credit to your company.

My overall experience with Geoffrey Miller’s has been a pleasurable one under the circumstances and I would have no hesitation in using them again myself or passing your information on to a friend or family member.

Mr M K
Drink Driving
Case Discontinued
South Yorkshire

I highly recommend Geoffrey Miller Solicitors. I was charged for drink driving and been looking for a way out. Some Solicitors had advised me to plead guilty but since I have been in contact with Geoffrey Miller Solicitors my mind was immediately put at ease and I can’t thank the... Read More

I highly recommend Geoffrey Miller Solicitors. I was charged for drink driving and been looking for a way out. Some Solicitors had advised me to plead guilty but since I have been in contact with Geoffrey Miller Solicitors my mind was immediately put at ease and I can’t thank the team enough for the outstanding outcome they have achieved for me. My case was dismissed at the first trial and all the way along I had been reassured that they will win the case.

John
Drink Driving
Case Dismissed
London

I thought from the initial contact until the very end my case was handled professionally, with care and thoughtfulness towards me. Having never been in prosecuted before i was very nervous and apprehensive of what may happen. I was immediately put at ease and kept up to date with all... Read More

I thought from the initial contact until the very end my case was handled professionally, with care and thoughtfulness towards me. Having never been in prosecuted before i was very nervous and apprehensive of what may happen. I was immediately put at ease and kept up to date with all case developments. Because of the regular contact I felt my case was being given plenty of attention and therefore gave me more and more hope towards a positive outcome. This proved to be the case and i couldn’t be any happier with your service.

Anonymous 46
Drink Driving
Acquitted
Manchester

After a lengthy Drink Driving blood charge, I was acquitted before trial due to the brilliant work of Sarah at Geoffrey Miller Solicitors, my expert and barrister they appointed for my case. I am confident that even if this case had gone to trial it would have been the same... Read More

After a lengthy Drink Driving blood charge, I was acquitted before trial due to the brilliant work of Sarah at Geoffrey Miller Solicitors, my expert and barrister they appointed for my case.

I am confident that even if this case had gone to trial it would have been the same result.

Sarah had a great eye for detail and was able to pick up upon multiple issues with my case.

Oliver
Drink Driving
Acquitted – Before Trial
Derbyshire

Case was handled great from the first call which Eleanor responded to when I called out of hours. Austin put mind at ease with his updates and positive reinforcement, was always easily accessible when I need to talk about the case. A big thank you to the team for all... Read More

Case was handled great from the first call which Eleanor responded to when I called out of hours.

Austin put mind at ease with his updates and positive reinforcement, was always easily accessible when I need to talk about the case.

A big thank you to the team for all the hard work they put in, I can now finally move on with my life.

Austin and my trial advocate were my “gladiators in suits”.

Mr T Ryans
Drink Driving
Acquitted
Manchester
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VIEW ALL OUR DRINK DRIVING TESTIMONIALS

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.

†Figures include successful appeals and exclude cases lost that are the subject of appeal as at 31 December 2017.

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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…

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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…

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