What are the jail penalties for drunk driving in the UK?
Posted , 4 users are following.
In the US...
1st offense - No jail time
2nd offense- 10 days in jail
3rd offense- 1 year in jail
Many fines...totaling up to 5000 dollars for each offense and loss of license for different offenses...obviously shorter for the first time and progressively longer for 2nd and 3rd time. 3rd time is definite jail time.
2nd time says 10 days...but I know people who have not done 10 days if they went to a treatment center.
10 days jail
1 year jail
0 likes, 19 replies
RHGB Misssy2
Posted
What happnes, depends on how much over you were, whether you co-operated, whether you crashed the car or injured someone.
Any offence, even if it is your 1st, will means loss of licence for a minimum or 12 months, maybe 24 months, fine, court costs and probably community service.
2nd time, will probably be at least a 3 year ban, heavy fine etc., maybe retake test. Medical too, to see if you're addictet to alcohol.
3rd time, it will be pushed up from the magistrates court to the criminal court (more serious offences, heavier fines and longer prison terms). Probably 10 year ban, very heavy fines or prison sentence, compulsory retake test.
Possibe prison setence.
Although judges have guidelines on sentencing, there is no fixed sentence, and they can go from one end of the scale to the other, if they think there is mitigating circumstances.
Misssy2 RHGB
Posted
The US is very good at helping alcoholics which is why maybe they give stricter fines? They may think..look buddy..theres help all around and since drunk driving results in death on may occassions my little state of Rhode Island...takes it very seriously.
RHGB Misssy2
Posted
You quite often have to take a medical to get your licence back, this is the same sort of test you would find in our industry, not how fit you are, but state of you, blood LFT and other tests. Because the feeling is the majority are of DDs aren't people that had a few too many at the company Christmas party, but are serial heavy drinkers who probably drink drive all the time.
Also your car insurance at least doubles and over here, car insurance is compulsory.
Misssy2 RHGB
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RHGB Misssy2
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He reckoned it was a complete patronising waste of time and if the instructor actually ploughed on with it, instead of waffling and having tea breaks with biscuits all the time, it could have easily been done in a day.
But, they give 25% off your driving ban, so it seems like most people cough up, just for the reduction and take a hit on the fee.
But the main idea now, seems to be not fining people massive amounts, but taking their driving licence away for long periods of time, which often results in job loss and an inability to get a new job. This can cost you far more than a fine in the long run. Your insurance will double for the next 5 years. Also as I said, they seem to understand, that it is a select few with a drink problem, that are the ones that they need to target and give them medical checks before they can have their licence back.
Basically, if you can't lay off the alcohol for a few weeks prior to your test, you're probably going to get straight back in that car after a few drinks. They told me when I was at the first Addaction (the branch I left) that they have people going into the police cells in the morning, especially at the weekend, 'touting' for business as it were.
I have to say, if I was lying in a cell waiting to be released, kicking myself for getting done for DD and all the repercussions, I don't think chatting to a member of Addaction would be the first thing on my mind.
Robin2015 Misssy2
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Misssy2 Robin2015
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Like 1st offense...1 month counseling and breath alyzer checks....
2nd....6 monts counseling
3rd.....1 year.
Now that is the thing some people really HATE is counseling..that could be a deterent..LOL.
Jail is too...but usually isn't enforced here until 3rd offense.
Richardt Misssy2
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Richardt
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RHGB Richardt
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You can drink until you get totally bladdered, without actually driving, it just takes some fore thought. Like have plenty stasshed at home, so you never run out and have to make a beer run. Find a pub local to you that you can walk to,
RHGB Richardt
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Misssy2 Richardt
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I had a husband that I called the police on one day for being violent with me...and he told the police that I drove around drunk all the time and to STOP me and they would see. He told them what exit I came off after work (with beer in the car).
I continued to do it...and STILL never got stopped. I have been very fortunate.
The reason I became curious about the UK and the drunk driving is because I met someone in the hospital this last time who got their 3rd drinking while driving offense and she was super nervous about the jail time. AND I have been curious about the differences in many practices to compare the US and UK is all.
Richardt Misssy2
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RHGB Richardt
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The rest all depends on circumstances, how much over, did you have an accident, mitigating circustances.
With a decent solicitor, you would be very unlucky to get a custodial sentence. A 3 to 4 year ban, a means tested fine and a hefty community service would be the likely outcome.
Of course, if it was your second offence within 10 years and you were four times over the limit, then a custodial sentence is a possibility.
Richardt RHGB
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Misssy2 Richardt
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Richardt Misssy2
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Robin2015 RHGB
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RHGB Robin2015
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And whether you would have a solicitor or barrister represent you, to them it is just a lawyer, which is a very generic term.
One piece of advice, never ever accept a caution from the police, most people think that they've been give a warning, with a note on the police computrer fro the next six or twelve months, that flags up if you do it again, that they got away with a slap on the wrist.
What it actually means is, that you are pleading guilty to the offence in return for the police not charging you and the CPS not taking you to caught. So you actually get a criminal offence recorded against you. But even worse, because it hasn't gone threw the courts, there is no statute on when it expires, so often they are left long after on your record, than if it were a spent conviction.
If the police had enough evidence they would charge you, the fact that they offer you a caution means they don't have enough evidence, and rely on public naivety.