How Drink Driving Sentences Are Calculated

1Identifying the Sentencing Category

The first step is to determine which sentencing category applies based on the level of alcohol in the defendant's sample. The Sentencing Council divides drink driving offences into four categories, with Category 1 being the most serious and Category 4 the least serious.

2Assessing Aggravating Factors

Aggravating factors make the offence more serious and push the sentence upwards within the category range. The court considers each factor and its impact on seriousness.

• Previous convictions for drink driving or related offences
• Involvement in a road traffic collision
• Causing injury to other road users
• Carrying passengers, particularly children
• Driving in poor road conditions or high traffic areas
• Evidence of an unacceptable standard of driving
• Driving for hire or reward at the time
• Being on bail at the time of the offence

3Applying Mitigating Factors

Mitigating factors reduce the severity of the sentence. The court weighs these against aggravating factors to determine where within the range the sentence falls.

• No previous convictions and good character
• Clean driving record over many years
• Character references from employers or community
• Being the sole provider for dependants
• Providing essential care for relatives
• A genuine emergency leading to driving
• Demonstrated remorse and steps to address the issue
• Voluntary attendance at alcohol counselling

4Guilty Plea Reduction

Under the Sentencing Act 2020, courts must reduce sentences for defendants who plead guilty. The maximum reduction is one-third (33%) for a plea at the first reasonable opportunity.

5Determining the Final Sentence

After working through the above steps, the court determines the final sentence including the disqualification period, any fine or community order, and whether to offer the Drink Drive Rehabilitation Course (DDRS).

The DDRS, if offered and completed, can reduce the disqualification by up to 25%. The court also considers whether the defendant is classified as a High Risk Offender, which affects the process for obtaining a new licence after the ban.