Drunk In Charge - second offence

Convicted Driver Insurance

Johnny10

Member
Not sure if anyone can help?

My first offence was in 2017 for drink driving. Not sure what the reading was but I was twice over. I received an 18 month Ban reduced to 13.5 with the dd course. Can't remember the fees/fines..

My second offence is pending I have been interviewed. The charge will probably be Drunk in Charge..

This is what happened.
Suffering with depression and stress I bought alcohol.
I parked my car 3 mins away from my house (probably to check a txt or something), then started to drink in my car, until I had a black out.
The police came and I blew 157. I was sat in the drivers set with keys in the ignition and blowers on but I had no intention of driving because I was so near my house. The police say I blocked a driveway but Im not sure. I had a bottle of vodka in a bag and the lid on the seat beside me...
I was taken to hospital because I was really drunk and gave blood. I haven't had the results back yet..

Realistically what do you think my sentence might be? The solicitor and the police said it won't be prison..

Obviously this is creating a lot of stress/anxiety, so any ideas most welcome!
 

BigTom

Well-known member
Johnny, it is not necessarily a 3 year ban. If this is classed as 'In Charge' it is not seen as relevant regarding the minimum 3 year ban in 10 years rule, depending on all the circumstances it may be a ban or it may be 10 points on your licence. It may however be changed to a drink driving charge if they have proof of you driving (CCTV, witnesses etc.) Very unlikely to be a prison sentence so put that out your mind.

Sideshow Bob you are not home free, if the DVLA have details regarding previous drug taking (which may have been passed on to them from the Police), or if they write to your GP who has details of previous drug taking, then although at the medical they may only request blood for the CDT, they may also ask for a second medical at a later date with a urine sample required. Not drinking for 6 years is a good thing, however your substitute is not good. You thinking you do not drug drive is a worry if you really believe that... IF you do eventually get your licence back, carry on as you mention and you will either get caught again quite quickly, or you'll kill someone. Either not really a good scenario to be in...
 

Johnny10

Member
Thanks BigTom, I'm so anxious about it. Like most people I need it for work, would hate to lose my job over this. Its going to ruin me more.

Anyone else have any idea about what I could be facing?
 

Ryande41

Active member
Not sure if anyone can help?

My first offence was in 2017 for drink driving. Not sure what the reading was but I was twice over. I received an 18 month Ban reduced to 13.5 with the dd course. Can't remember the fees/fines..

My second offence is pending I have been interviewed. The charge will probably be Drunk in Charge..

This is what happened.
Suffering with depression and stress I bought alcohol.
I parked my car 3 mins away from my house (probably to check a txt or something), then started to drink in my car, until I had a black out.
The police came and I blew 157. I was sat in the drivers set with keys in the ignition and blowers on but I had no intention of driving because I was so near my house. The police say I blocked a driveway but Im not sure. I had a bottle of vodka in a bag and the lid on the seat beside me...
I was taken to hospital because I was really drunk and gave blood. I haven't had the results back yet..

Realistically what do you think my sentence might be? The solicitor and the police said it won't be prison..

Obviously this is creating a lot of stress/anxiety, so any ideas most welcome!
2 year plus ban mate I've just finished 2 drink driving bags myself first one 1 year, second was 3 years,
That mistake will eat you alive then you ll get used to what you done, then in time, it ll be a process a getting your license back, whether its just a ban you get or have to resit your test etc,
Definitely won't be doing any jail time thats a guarantee 💯
A hope your awtite mate and it all works out for you, you take care an like a say 100% there ll be no jail time, take it easy
 

Johnny10

Member
I think that not knowing is almost as bad as the penalties. I just wasn't really thinking at all at the time I was just in such a bad place
 

Ryande41

Active member
I think that not knowing is almost as bad as the penalties. I just wasn't really thinking at all at the time I was just in such a bad place
That is the hard part the not knowing and the waiting part also, I'm the last person in the world that can judge, I was in a bad place also, what will get to you is when you get a ban, having to watch people drive by you in the summer, etc , basically get a good lawyer mate, get them to explain your a hard working man, and you know you made a mistake etc, once you know the outcome draw a line an move on
 

Johnny10

Member
A 2 year ban just feels a bit much, I wasn't driving, just intoxicated. I know it was wrong and I know I have to face the consequences
 

Ryande41

Active member
A 2 year ban just feels a bit much, I wasn't driving, just intoxicated. I know it was wrong and I know I have to face the consequences
If you ve already had a ban before then the next one is the same or a bit higher, like a say ive been there before, with all the waiting etc, you seem like a reasonable guy, so try get all that put forward at court, your job, and that you accept what you done, also ask the lawyer to put it to the judge to see if there's a course you can take to reduce the ban, even maybe a letter from your boss stating you work hard and are a reliable guy, etc,
 

Johnny10

Member
If you ve already had a ban before then the next one is the same or a bit higher, like a say ive been there before, with all the waiting etc, you seem like a reasonable guy, so try get all that put forward at court, your job, and that you accept what you done, also ask the lawyer to put it to the judge to see if there's a course you can take to reduce the ban, even maybe a letter from your boss stating you work hard and are a reliable guy, etc,
Thanks Ryan. I'm gutted that I'm in this spot again. I do have a drink problem that I've been trying to get help with. Not sure if that would help or go against me in court. I guess I will just see what my solicitor advises on that side of things
 

Bestkid522

Member
Hi Johnny,
Even if you were not driving the car, being behind the wheel is still classed as attempting to drive. The aggravating factors are that you blew so high. I was found in another persons car (not behind the wheel) and it was my first offence and I still got the higher sentence which included community service so I wouldn’t naturally assume prison is off the table. I would say get a good lawyer. Show you are dealing with your drink problem - going to AA etc. It was the worst month of my life waiting for it to go to court - so I can’t even imagine how you feel. You just need to show that you are making amends for what has happened, particularly because this is your second offence. Best of luck to you.
 

Ryande41

Active member
Thanks Ryan. I'm gutted that I'm in this spot again. I do have a drink problem that I've been trying to get help with. Not sure if that would help or go against me in court. I guess I will just see what my solicitor advises on that side of things
Your welcome,
I had a problem to in the past with drink, and see tbh if a was to start again that would be me away on a bender and not know when to stop, if you have this problem aswell maybe even try a medication called disulfram im on them to this day, just to be on the safe side, there a anti abuse for people with drink problems with which a had, I know how you must feel, I'm only offering you advice from experience with my own problems etc, as some a the comments in here can be a bit demeaning from some people, a hope everything works out fine for you mate, defo have a look into disulfram, if anything they ve saved me in a way,
 

Johnny10

Member
I'm so confused. Thanks for all your replies. There is a real mix of different thoughts tho, so I guess I will just have to wait and see what happens. This isn't really helping with my stress levels at all. I will be assuming the worst regarding a ban, i.e. 3 years, but my solicitor and the police were adamant that it won't be prison
 

Hobgoblin

Well-known member
If your latest offence is drunk in charge, that isn't necessarily a ban at all, but can be, depending on the circumstances.

As others have said, a drunk in charge offence isn't counted for the 2 offences in 10 years rule.

Just have to wait and see, unfortunately.
 

Johnny10

Member
If your latest offence is drunk in charge, that isn't necessarily a ban at all, but can be, depending on the circumstances.

As others have said, a drunk in charge offence isn't counted for the 2 offences in 10 years rule.

Just have to wait and see, unfortunately.
Thanks. I don't know what to think. Like you say, I just need wait and see what happens. All I know is that the stress is making me really ill
 

Johnny10

Member
When are you due in court. I empathise with the waiting and not knowing ..
No date yet. It's killing me. I just managed to find work for the first time in over a year, and now I will be spending half my wages a taxis!! My fault I know, but I wasn't well at the time
 

Reets

Well-known member
No date yet. It's killing me. I just managed to find work for the first time in over a year, and now I will be spending half my wages a taxis!! My fault I know, but I wasn't well at the time
Can you cycle ? Using my bike became my mode of travel for shopping and everything tbh when I didn’t have my kids.
 

jamesbrown1

Active member
I bought an E-Bike, if you enjoy looking smugly at fellow cyclists struggling to make it up a hill while u glide up effortlessly, i would strongly recommend it as an alternative form of transport. (Doesn't help much with the rain though unfortunately).
 
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