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Your guide to the drink driving laws and penalties

continued from page 2

If I get a ban can I get my licence back before the ban ends?
A person disqualified for more than 2 years, may after 2 years, apply to the court that imposed the ban to have the remaining period of disqualification removed. They must appear in person and must satisfy the court that:-

1. They have committed no further road traffic offences during the 2 year ban, and
2. There is a good and adequate reason for the return of their licence (eg the chance of a new job, promotion, moving to a rural location and need a car [proof of successful alcohol abuse treatment may also be relevant in drink driving cases])

These are the relevant drink driving offences

Failing to provide a roadside breath test (Code DR70)
Penalty - Fine - up to Level 3 (£1,000)4 penalty points on your licence
Disqualification is at the discretion of the Court

Driving/Attempting to Drive with excess alcohol (DR10)
Penalty - Fine - up to Level 5 (£5,000) and/or up to 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence
Mandatory disqualification for at least 3 years for second offence within 10 years.

Being in charge of a motor vehicle with excess alcohol (DR40)
Penalty - Fine - up to Level 4 (£2,500) and/or up to 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court

After Driving/Attempting to drive refusing to provide samples for analysis (DR30)
Penalty - Fine - up to Level 5 (£5,000) and/or 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence (18 months  tends to be the norm as you are considered to have been trying to avoid being found guilty)
Mandatory disqualification for at least 3 years for second offence within 10 years

After being in charge refusing to provide samples for analysis (DR60)
Penalty - Fine - Level 4 (£2,500) and/or 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court

Information supplied by and copyright Road Law (www.road-law.co.uk), part of LAW on the WEB UK Ltd



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Created: 09/03/2005  Updated: 09/03/2005
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