Understanding the Drink Driving Sentencing Guidelines is vital if you’re charged under Section 5 of the Road Traffic Act 1988. At Scarsdale Solicitors, our expert drink driving defence solicitors provide specialist representation, helping clients across England and Wales achieve reduced sentences and successful outcomes in motoring offence cases.
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If this is your first drink driving related offence within the last 10 years, you face the following mandatory minimum penalties:
Moreover, the actual sentence imposed will depend on several factors including your alcohol reading, aggravating circumstances, and mitigating factors presented by your drink driving solicitors.
The Magistrates will take into account the Sentencing Council Guidelines for drink driving offences when deciding what penalty to impose. Specifically, the guidelines use a structured approach based on:
Furthermore, the court follows a stepped sentencing approach to ensure consistency and fairness.
The length of your driving ban depends primarily on your alcohol reading. Moreover, the Sentencing Council guidelines provide starting points and category ranges for disqualification based on the level of alcohol in your system.
Breath Reading (micrograms per 100ml)
Alcohol Level | Starting Point | Disqualification Range |
36-59µg | 12 months | 12-16 months |
60-89µg | 17 months | 17-22 months |
90-119µg | 23 months | 23-28 months |
120-150µg and above | 29 months | 29-36 months |
Blood Reading (milligrams per 100ml)
Alcohol Level | Starting Point | Disqualification Range |
81-137mg | 12 months | 12-16 months |
138-206mg | 17 months | 17-22 months |
207-275mg | 23 months | 23-28 months |
276-345mg and above | 29 months | 29-36 months |
Urine Reading (milligrams per 100ml)
Alcohol Level | Starting Point | Disqualification Range |
108-183mg | 12 months | 12-16 months |
184-274mg | 17 months | 17-22 months |
275-366mg | 23 months | 23-28 months |
367-459mg and above | 29 months | 29-36 months |
Importantly, these are starting points only. Therefore, the actual ban imposed may be higher or lower depending on aggravating and mitigating factors.
The ban imposed may be longer depending on several aggravating factors such as:
Consequently, these factors can result in bans at the upper end of the category range or even exceeding the typical guidelines.
Many people assume that a drink driving charge means automatic conviction. However, our expert drink driving solicitors at Scarsdale Solicitors have achieved a high success rate in motoring cases by identifying and pursuing robust legal defences.
Our expert drink driving solicitors identify procedural and technical errors that can invalidate breath test results, including:
If your reading was between 40–50µg, you may request a blood or urine test. Our drink driving solicitors examine:
If you drank alcohol after driving but before being tested, expert evidence can show your level at the time of driving was below the limit. We use forensic calculations to support this defence.
For “in charge” offences, you can avoid conviction by proving no intent to drive. Evidence may include:
Even when convicted, our solicitors can argue “special reasons” to avoid disqualification such as:
If charged while “in charge” of a vehicle, we can show you had no intention to drive, for example where the vehicle was undrivable or you lacked access to the keys.
We Understand the Technical Complexities
Drink driving cases involve intricate legal, scientific, and technical details. We have in-depth knowledge of:
Consequently, we identify defence opportunities that less experienced solicitors miss.
Transparent Pricing, No Hidden Costs
We believe in clear, honest pricing:
Therefore, you know exactly what to expect financially from the outset.
Personalised, Compassionate Service
We understand that facing a drink driving charge is often your first experience with the criminal justice system. At Scarsdale Solicitors, our specialist drink driving solicitors are committed to providing:
✓ Clear, jargon-free guidance on your case and legal options
✓ Regular updates so you’re always informed about your case progress
✓ Flexible appointments, including evenings and weekends
✓ Multilingual support (English, Urdu, Punjabi)
✓ Personal attention from a dedicated solicitor handling your case throughout
We treat every client with respect, empathy, and professionalism, ensuring you feel supported and understood at every stage of the process.
Rapid Response Times
When you need urgent legal advice, we respond quickly:
Consequently, you get the timely advice you need when you need it most.
Nationwide Representation
While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts and Crown Courts. Therefore, wherever your case is being heard, we can represent you.
Outstanding Client Reviews
With over 244 verified five-star reviews and an impressive 4.8/5 client rating, our drink driving solicitors are consistently recognised for:
✓ Outstanding legal expertise and proven experience
✓ Clear and honest communication throughout your case
✓ Successful results in complex drink driving matters
✓ Supportive and understanding approach during stressful times
✓ Exceptional value for money and client-focused service
Many people assume they must plead guilty to a failing to provide charge, but this isn’t always the case. Before making this life-changing decision, you should:
If you do decide to plead guilty, we offer a cost-effective “damage limitation” service to:
However, many clients who thought they had no choice but to plead guilty have been acquitted after we identified strong defences in their cases.
If you’ve been charged with drink driving, taking the right steps immediately can significantly improve your case outcome.
Being charged with drink driving is stressful and overwhelming. However, being charged does not mean being convicted. Moreover, with expert legal representation from Scarsdale Solicitors, many people charged with drink driving are acquitted or receive significantly reduced penalties.
The sooner we can review your case, the stronger your defence will be. Contacting drink driving solicitors early allows us to:
Collect all relevant paperwork and information:
Moreover, this documentation helps us assess your case accurately.
Important evidence to preserve:
Therefore, preserving evidence immediately is critical.
Avoid discussing the details of your case on social media or with anyone except your solicitor. Specifically:
Consequently, keep the details confidential and speak only to your drink driving solicitors.
If you've been charged, you may have been given a temporary ban or your licence may have been confiscated. Therefore:
Moreover, driving while disqualified is a serious separate offence that can result in custody.
Contact Scarsdale Solicitors for a confidential, no-obligation consultation. We'll assess your case and explain your options clearly. Furthermore, we offer:
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
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Furthermore, our drink driving defence includes specialist support for:
Additionally, our drug driving expertise covers:
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Moreover, we defend all “failing to” offences including:
Consequently, our comprehensive motoring defence also includes:
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
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Understanding offences and process helps you make informed decisions about your future.
Yes. Failing to provide is a separate offence under Section 7(6) Road Traffic Act 1988. You can be convicted even if you were completely sober or never drove over the limit.
Medical conditions can provide a reasonable excuse defence. We'll obtain medical evidence and present it compellingly to the court.
Failure suggests you tried but couldn't complete the test, while refusal means you deliberately didn't comply. Courts treat genuine failure more leniently, especially with medical evidence.
The statutory warning under Section 7(7) is a legal requirement. If it wasn't given properly, clearly, or at all, this can form the basis of your defence.
Unfortunately, providing a sample after you've already been charged with failing to provide typically won't help your case. Seek legal advice immediately.
Not necessarily. With strong legal representation, many clients are acquitted. Even if convicted, exceptional hardship arguments may prevent disqualification in rare cases.
As soon as possible. The earlier we're involved, the better we can prepare your defence and gather supporting evidence.
Yes. While our office is in Rochdale, we represent clients across England and Wales in all magistrates' courts.
We offer flexible payment plans, competitive fixed fees, and free initial consultations. We'll work with you to find an affordable solution.
You can, but these cases are complex with serious consequences. The penalties of conviction (ban, insurance costs, job loss) far outweigh legal fees. Professional representation dramatically improves your chances.
Yes, particularly in cases involving deliberate refusal with evidence of serious impairment. The court can impose up to 6 months' imprisonment for failing to provide when driving or attempting to drive. However, custodial sentences are typically reserved for the most serious cases.
Police may rely on body-worn video footage, CCTV, witness statements describing your behaviour, speech, coordination, manner of driving, and the custody record. This is why reviewing all video evidence is crucial to your defence.
A conviction for failing to provide can have life-changing consequences. You could lose your licence, your job, face imprisonment, and carry a criminal record. But with expert legal defence, many cases result in complete acquittals.
At Scarsdale Solicitors, we’ve helped hundreds of clients successfully defend failing to provide charges across England and Wales. Our high success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands.
Don’t assume you have no choice but to plead guilty. Never risk representing yourself. You do not wait until it’s too late.
Contact us today for a free and confidential consultation.
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs
