Second offence drink driving (first offence drunk in charge)

[antihawk]

Hi all,

I made the stupid decision of driving when I was over the limit. Ended up running my car into some bushes on the side of A road. Thankfully airbags didn't go off and I emerged unscathed as it seemed to be relatively low speed.

My breathalyser reading was 46ug, relatively low. #

I have a previous drunk in charge offence from June 2018 where I blew 126ug. I received a two month ban and eight week curfew.

I understand that drunk in charge isn't a previous relevant offence in the last 10 years that would shunt my mandatory ban up to 36 months minimum.

Based on my understanding I'm assuming a custodial sentence is unlikely despite my previous offence because my current reading is 46 and in the lowest band of the sentencing guidelines.

Would you consider a likely sentence to be a 12-16 month ban along with a fine in this instance?

Thanks.

 

[price1367]

12-16 months is the range. The magistrates will be told about your conviction in 2018 though, and that may well influence their decision. In theory they could decide that this is an aggravating factor and decide to go above into the 17-22 month range.
I think though, that DVLA will treat you as a High Risk Offender (which is separate matter to the minimum 3 year ban part) and require you to ave a medical at the end of your ban before you can get your licence back.

 

[antihawk]

Thanks for the response. Would you consider the likely other part of the sentence to be a fine? Or in theory could the magistrates push it up to a low level community order given the previous conviction?

 

[price1367]

Thanks for the response. Would you consider the likely other part of the sentence to be a fine? Or in theory could the magistrates push it up to a low level community order given the previous conviction?

In theory yes….. in practice no.