Yes, driving whilst unfit through drink or drugs can subject the individual to a custodial sentence if found guilty.
Subject to Section 4 of the Road Traffic Act 1988 ‘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.’
The Magistrates Sentencing Guidelines for this offence, cover both drink or any illegal substance (drugs) found in an individual’s system. Similarly, to drink driving, the sentencing guidelines are split in to three separate categories’ depending on the ‘level of seriousness’.
The starting point for this offence is an obligatory disqualification of at least 12 months. Should the individual have two or more disqualification for periods of 56 days or more, in the preceding 3 years, then the mandatory disqualification increases to 2 years. This is further increased to ten years, if the individual has been convicted of a relevant offence in the preceding 10 years.
Category Three
This category covers those demonstrating lower culpability and lesser harm
This category carries a sentence ranging from a 12 to 16 months driving disqualification to a low level community order (40 – 80 hours of unpaid work). In addition, this offence also carries a Band C fine (150% of relevant income) to Bank B fine (100% of relevant income).
Should the individual have been charged with a relevant offence in the preceding ten years, the driving disqualification increases to 36- 40 months.
Category Two
This category covers those demonstrating higher culpability and lesser harm or lower culpability and greater harm
This category carries a sentence ranging from a 17 – 28 month driving disqualification to a high level community order ( 150 – 300 hours of unpaid work). In addition, this offence also carries an undisclosed monetary fine.
Should the individual have committed a relevant offence in the preceding ten years, the driving disqualification increases to 36 – 52 months.
Category One
This category covers those demonstrating higher culpability and greater harm. This is the most serious of the three categories’.
This category carries a sentence ranging from a 29 – 36 month driving disqualification to a 26 week custodial sentence. In addition, this offence also carries an undisclosed monetary fine.
Should the individual have a have a relevant offence in the preceding ten years, the driving disqualification increases to 36 – 60 months (which Is to be extended if imposing immediate custody).
Factors which way indicate higher culpability include:
- Driving and LGV, HGV OR PSV etc.
- Driving for hire or reward
Factors which indicate lower culpability include:
- All other cases
Factors indicating greater harm include:
- A driver with a high level of impairment
Factors indicating lesser harm include:
- All other cases.
If you are having either been charged with this offence or are awaiting trial and are unsure which category you will fall in to; please contact one of our motoring experts who can offer expert advice and guidance.
Phone Number – 0330 912 2124
Email – [email protected]