What are the types of drink driving offences?

Find some informations about drink driving offences here. There are a number of different drink driving offences under road traffic laws. You are advised to seek legal advice from a solicitor specialising in this area of criminal law if you are charged with a drink driving offence. Each has different drink driving penalties applying to it, with more serious drink driving penalties applying the more serious and culpable the incident.
The most serious drink driving offence is causing death by careless driving under the influence of drink or drugs. If you are convicted of this offence, you will be subject to the harshest drink driving penalties, including up to 14 years imprisonment and an unlimited fine. In addition, you will be automatically disqualified from driving and you will have to resit your driving test to be able to drive again once your ban is lifted.

The next offence with the second highest drink driving penalties is driving or attempting to drive while unfit through drink or drugs or with excess alcohol. You do not have to drive anywhere to be charged with this offence; it will be enough that you attempted to drive, e.g. by turning on the engine and stalling, while unfit through drink or drugs or with excess alcohol. If you are several times over the limit, you may face six months imprisonment. You may also face a fine of £5,000 and you will be automatically disqualified for a period of between 12 and 36 months.

You can also be charged with being in charge of a vehicle while unfit through drink or drugs or excess alcohol. There is no legal definition of ‘being in charge’ and every case will be judged individually. You will not be in charge if someone else is driving or if you are at a ‘great distance’ from the vehicle. However, you may be in charge if you are the owner or possessor of the vehicle, you have recently driven it, you have keys to the vehicle, you have attempted to gain entry and failed, or if you had the intention to take control of a vehicle. A solicitor will be able to further advise you if your circumstances could be considered as being in charge of a vehicle. The possible drink driving penalties you could face include a three month prison sentence or a fine of up to £5,000.

Other drink driving offences relate to the failure to cooperate with the police when they request a sample or breath test. You may be convicted of failing to provide a sample for analysis which could lead to a six month prison sentence and a fine of up to £5,000. In addition, there is the offence of failing to cooperate with the preliminary test. This offence can be committed if you refuse to take a roadside breath test if you were driving, attempting to drive a vehicle, or in charge of a vehicle. You could face drinking driving penalties including a driving ban and a fine of up to £1,000.

For further legal advice on the types of drink driving offences and the likely drink driving penalties that would apply, you are advised to contact a solicitor specialising in this area of criminal law.