Is drink driving a criminal offence?

Under the criminal law it is an offence to drive a vehicle if the amount of alcohol in your system exceeds the legal limit. There is no single offence of ‘drink driving’ but a number of offences that deal with those who have been caught driving or attempting to drive whilst under the influence. Each has different drink driving penalties and consequences under the law.
Drink driving penalties escalate the more serious the incident. The most serious drink driving offence under the law is causing death by careless driving under the influence of drugs or drink. This offence carries the penalty of 14 years imprisonment and the possibility of an unlimited fine. In addition, the driver will be banned from driving for a minimum of two years and will have to retake their driving test to regain their licence.

Another drink driving offence with severe drink driving penalties is the offence of driving or attempting to drive with excess alcohol or while unfit through drink or drugs. The driver will be charged with driving or attempting to drive with excess alcohol if the prosecution can evidence this with a certificate of analysis or statement. The punishment for this drink driving offence is a six month prison sentence and a fine of up to £5,000. In addition, the driver will face a driving ban of between 12 and 36 months.

It is possible to be charged with a drink driving offence even if the offender was not driving when the police caught them. There is the offence of being in charge of a vehicle while unfit through drink or drugs. There is no legal definition of ‘being in charge’ but the court has previously found a person to be in charge if they attempted to enter the vehicle and failed, possessed the keys to a vehicle, had recently driven the vehicle, and where the offender had the intention to take control of the vehicle. This offence is punishable by such drink driving penalties as a prison sentence of up to three months or a fine of up to £5,000. The court can decide whether or not the person in charge should be banned from driving or if they should just receive the minimum ten penalty points.

Drink driving offences also include failing a roadside breath test, failing to provide a specimen of blood, breath, or urine, or refusing a laboratory test without good reason. For further legal advice on the criminal law regarding drink driving, and the associated drink driving penalties, it is advisable to contact a solicitor who specialises in this area of the criminal law.