How Long Is a Drink Driving Ban?

A conviction for drink driving under section 5(1)(a) of the Road Traffic Act 1988 carries a mandatory minimum disqualification of 12 months. There is no discretion to impose penalty points instead of a ban for a first offence. The only way to avoid a ban on conviction is through a successful special reasons argument, which must relate to the circumstances of the offence itself.

The Sentencing Council guidelines provide starting points for the length of disqualification based on the breath reading:

Lower readings (36-59 micrograms per 100ml of breath): starting point 12 months disqualification, with a range of 12-16 months. Medium readings (60-89 micrograms): starting point 17 months, range 16-19 months. High readings (90 micrograms and above): starting point 29 months, range 23-28 months — or a community order or custody for the highest readings.

Blood and urine readings are converted to a breath equivalent for sentencing purposes. The starting points above can be increased by aggravating factors (such as a poor driving record, causing an accident, or having a passenger under 16) or reduced by mitigating factors.

A second drink driving conviction within 10 years of the first results in a mandatory minimum disqualification of 3 years. The 10-year period is calculated from the date of the first conviction. The sentencing starting points are also higher for repeat offenders and custody becomes more likely.

Courts may offer the drink drive rehabilitation course (DDRC) at their discretion on conviction. Completing the course reduces the period of disqualification by up to 25%. The reduction is applied to the total ban and the course must be completed and paid for by the defendant. The course is typically 16 hours long, split over two days, and covers the effects of alcohol on driving. David makes representations for the course to be offered where appropriate.