Background

Offences Involving Alcohol

The offence

‘A person who, when driving or attempting to drive a (mechanically propelled vehicle) on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.’ Road Traffic Act 1988.

Failing to provide a roadside breath test

Failing to provide a roadside breath test could bring the maximum penalty of:

  • Penalty – a fine – up to £1,000;
  • 4 penalty points on your licence; and or
  • Disqualification, which is at the discretion of the Court.

Driving or attempting to drive with excess alcohol

Driving or attempting to drive with excess alcohol could bring the maximum penalty of:

  • Penalty – a fine – up to £5,000 and/or up to 6 months imprisonment;
  • A mandatory disqualification for at least 12 months for your first offence; and/ or
  • A mandatory disqualification for at least 3 years if it is your second offence within 10 years.

Being in charge of a motor vehicle with excess alcohol

Being in charge of a motor vehicle with excess alcohol could bring the maximum penalty of:

  • Penalty – a fine – up to £2,500 and/or up to 3 months imprisonment;
  • 10 penalty points on your licence; and/ or
  • Disqualification which is at the discretion of the Court.

After driving/attempting to drive a vehicle and refusing to provide samples for analysis

After Driving/Attempting to drive a vehicle and refusing to provide samples for analysis could bring the maximum penalty of:

  • Penalty – fine – up to £5,000 and/or 6 months imprisonment;
  • Mandatory disqualification for at least 12 months for first offence (18 months tends to be the norm as you are considered to have been trying to avoid being found guilty); and/ or
  • Mandatory disqualification for at least 3 years if it is your second offence within 10 years.

After being in charge of a vehicle and refusing to provide samples for analysis

After being in charge of a vehicle and refusing to provide samples for analysis could bring the maximum penalty of:

  • Penalty – a fine – up to £2,500 and/or 3 months imprisonment;
  • 10 penalty points on your licence; and/ or
  • Disqualification, which is at the discretion of the Court.

If it is possible that being convicted of this offence will result in you having 12 penalty points on your licence please click here for more information as it may be that you will be at risk of losing your driving licence.

Remember expert representation by a skilled lawyer can always help in reducing the penalties imposed by the Magistrates.

Pricing and timescales

To provide you with the accurate and relevant pricing information to help you make a considered decision when choosing and purchasing legal services from our Motoring Offences team please visit our Legal fees for Motoring Offences page or contact us.

Offences Involving Alcohol Lawyers

Kashif Khan LLB

Associate - Team Leader Crime

Andy Cave LLB

Partner

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