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How long does drink driving stay on your criminal record?

How long does drink driving stay on your criminal record

Committing a drink driving offence is serious and will earn you a criminal record and likely result in the loss of your driving licence. Driving over the legal alcohol limit can put yourself and others in serious danger on the road, so it’s no surprise to see such large punishments for a drink driving conviction.

But, how long does a drink driving conviction stay on your criminal record?

What is the legal alcohol limit for drink driving in the UK?

In England, Wales and Northern Ireland, the legal alcohol limit for driving a vehicle is 80 milligrams of alcohol per 100 millilitres of blood, or 35 micrograms of alcohol per 100 millilitres of breath.

In Scotland, the limits are slightly different. The limit for blood is 50 milligrams of alcohol per 100 millilitres, while the breath limit is 22 micrograms of alcohol per 100 millilitres.

If you’re suspected of driving while under the influence of alcohol, you’ll be pulled over on the side of the road by the police. There, you’ll undergo a series of roadside tests, including a breath test.

If you fail this, you’ll be arrested and taken to the nearest police station. In certain situations, you’ll also be required to give a blood sample. If you also fail this, or refuse to provide a sample, your drink driving accusation will turn into an official charge.

You could also be given additional charges, such as causing death by careless driving, if the worst has happened and you’ve collided with another vehicle and harmed somebody.

What type of punishment does a drink driving conviction carry?

There are several different types of punishments for a drink driving conviction, with a prison sentence possible in some circumstances.

If found guilty of drink driving, you can be banned from driving and receive penalty points on your driving licence. A driving ban can be anything between 12 months and three years upwards.

You will also receive a fine, which can be up to £2500.

In some situations, you can be handed a prison sentence. This can occur if the following has happened:

  • High alcohol readings
  • Caused an accident
  • Evidence of dangerous driving
  • Previous motoring convictions
  • Being charged with multiple offences

A prison sentence can range from 3 to 6 months to several years, depending on your conviction.

How long does drink driving stay on your criminal record?

Under the Rehabilitation of Offenders Act 1974, most drink driving convictions remain on your criminal record for five years from the date of conviction, or 2.5 years if you were under the age of 18 at the time of the offence.

The rehabilitation period starts from the date of conviction, not the date of the offence.

Once your conviction is ‘spent’, you usually do not have to declare it to your employer or insurer, although some employment roles may require disclosure via an Enhanced DBS check.

Can a drink driving conviction affect you in other ways?

Yes, being found guilty of controlling a motor vehicle while under the influence of alcohol will not only lead to a driving disqualification and a criminal record, but it can also impact your personal life, too.

Once your driving disqualification period has ended, you must inform insurance companies about your offence when applying for car insurance. This will lead to a higher premium, costing you more money long-term.

You’ll also receive an endorsement on your driving licence, which lasts for 11 years. This mark will appear on any search against your licence during this time. It will show your drink driving conviction, which could affect your chances at some jobs.

Your employer will also see your conviction if you have a driving job.

An endorsement on your driving licence can also impact your ability to travel to certain countries, depending on the offence.

Reliable drink driving solicitors in London

Have you recently been arrested and charged with drink driving in the London area? If so, you’ll require the services of expert drink driving solicitors to help you navigate the process.

At M.A.J. Law, we have an exceptional track record of defending individuals in Magistrates’ Court hearings all over the capital city, and can provide fantastic legal services for you, too.

To find out how our team of legal professionals can help you, contact us today.

What can we help you with?

  • I have been charged with drink driving. What will happen now?

    Don’t panic! We will prepare your case for court, obtain the evidence and explain your options in detail. You may have a defence without realising and could be found not-guilty.

  • I was over the limit in charge of a vehicle. Am I facing a ban?

    Not always. This offence can carry 10 penalty points. We may even be able to defend the charge if you were not going to drive whilst over the legal limit. Please get in touch and we’ll explain the process.

  • I failed to provide a specimen for analysis. What do I do?

    Failing to provide is often treated more seriously than drink driving and can carry an immediate custodial sentence. It’s important to understand the reason why you failed and whether this is a defence.

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