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For some offences a ban is mandatory whereas on others, the Court can exercise discretion on whether to impose a ban. |
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This depends on the nature of the offence, your past record and mitigation put forward to the Court, as well as the level of alcohol recorded.
The following is a guideline: |
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Breath Test
|
Blood test |
Urine Test |
Ban (Months) |
Minimum Reduction*
(Months)
|
Community Service
or Custodial Sentence
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| 35-55 |
80-125 |
107-170 |
12 |
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| 56-70 |
126-160 |
171-214 |
18 |
4.5 |
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| 71-85 |
162-195 |
215-260 |
24 |
6 |
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| 86-100 |
196-229 |
261-308 |
24 |
6 |
Consider community service |
| 101-115 |
230-264 |
309-354 |
30 |
7.5 |
Consider community service |
| 116-130 |
265-300 |
355-400 |
30 |
7.5 |
Consider custodial sentence |
| 131+ |
301+ |
401+ |
36 |
9 |
Consider custodial sentence |
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| * Reduction is based on attending a drink drive rehabilitation course. |
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Yes. However, loss of job will not be enough to avoid a disqualification.
The over-riding factor is that for this type of offence, a ban must be imposed unless there are the most exceptional circumstances.
Loss of job would be regarded as entirely foreseeable and thus, is not an exceptional consequence when considering a punishment. |
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Clearly, if you successfully challenge the allegation and are not convicted, no punishment will be imposed.
If, however, you accept the offence, factors that the Court will take into account include if your drinks were spiked, if you drove because of an emergency or moved a vehicle an extremely short distance.
Please refer to potential defences...
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Yes. This is regarded as very serious, given that at least 3 offences have been committed.
> Driving whilst disqualified;
> Driving under the influence of drink;
> Driving without insurance.
Although the Court will probably only sentence on one offence, a custodial punishment is feasible and a lengthy disqualification, perhaps 10 years is probable. |
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