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2nd time caught Drink Driving

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2nd time caught Drink Driving



Is this your second Drink Driving Offence within 10 years ?



If you have been previously convicted of a Drink Driving offence and have recently been charged once more with Drink Driving our expert specialist team at Parnell and Peel can help you to achieve the best outcome and lowest penalty possible . With over 20 years experience of solely dealing with motoring offences we have crafted a multitude of formidable legal defences to ensure you leave the magistrates with the most favourable outcome.

For a free legal consultation call us now on 0330 341 1690 and we'd be happy to assist you in the right direction in regards to your case .


Penalties if you're convicted



Now as you most likely already are aware, a repeat offence entails harsher punishments and penalties from the magistrates as well as less leniency towards your case and circumstances . According to the official sentencing guidelines provided by the sentencing council if you gave a breath sample of reading 36-59 and it was your first offence the range of your driving disqualification would be from 12-16 months now if it happened to be your second offence in 10 years this would triple and become a minimum disqualification of 3 years . Below you can find a full table breaking down the penalties you may face as a repeat offender . 



Blood (ml)Urine (ml)Starting PointRangeDisqualification
36 - 59

81- 137

108 - 183Band C FineBand B - C Fine36 - 40 months
60 - 89


184 - 274Band C FineBand C Fine - Low-level community order36 - 46 months
90 - 119207 - 275275 - 366Medium-level community orderLow-level community order to high-level community order36 - 52 months
120 - 150 and above276 - 345 and above367 - 459 and above12 weeks custodyHigh-level community order to 26 weeks custody36 - 60 months


What should you do ?



Now you are well aware of the penalties associated with a repeat Drink Driving Offence if you plead guilty you will most likely be banned from Driving for 3 years be labelled as a high risk offender and  could face prison time depending on the circumstances surrounding your case this is why it is of utmost importance that you contact a specialist Drink Driving solicitor such as the team at Parnell and Peel to safeguard your livelihood and freedom . 


Will I go to prison?


Now a prison sentence will only be given in more serious cases  in relation to Drink Driving and instead you may be given a suspended prison sentence or unpaid community work . Although if this is your second offense and you have previously received a suspended prison sentence your chances of being subjected to a prison sentence are high and in higher risk offenders such as those who have been convicted of Drink Driving twice previously a prison sentence is extremely likely .


Aggravating factors also play a part in whether or not you'll face a prison sentence; these could be driving in poor road or weather conditions , carrying passengers and being involved in a road accident . View a full list of aggravating factors below .

  • Failure to comply with current court orders

  • Offense committed on license or post sentence supervision

  • LGV, HGV, PSV etc.

  • Poor road or weather conditions

  • Carrying passengers

  • Driving for hire or reward

  • Evidence of unacceptable standard of driving

  • Involved in accident

  • High level of traffic or pedestrians in the vicinity

Your chances of facing a prison sentence are also increased if you are charged with multiple offenses such as if you are charged with driving over the prescribed alcohol limit and dangerous driving . 


Can I avoid the mandatory 3 year driving ban ?



The magistrate or judge is required to give a minimum of a 3 year Driving disqualification if you have been convicted of Drink Driving twice in the space of 10 years . This would also include offenses such as Drug Driving , failure to provide and being unfit to drive through Drink or Drugs , but does not include being in charge of motor vehicle offenses . 


The only ways to avoid the mandatory 3 year ban is to plead not guilty to the offense or to put forward special reasons .


What are special reasons ?



Special reasons are an extenuating circumstance which may have influenced or led you to commit the offense you are being charged for an example of this comes to mind around 3 weeks ago we had a primary school teacher come to us and explain how we was the primary caregiver for his brother who had a medical emergency where he was required present so therefore at the time he was above the alcohol limit but had to drive . 

In this clients case we put forward special reasons and he kept his driving license.

If successfully put forward special reasons such as the scenario above can result in avoiding a driving disqualification . Examples of special reasons could be : 

  • Very short distance driven (moving car a few yards to safety)

  • Driving due to an emergency (medical or otherwise)

  • A drivers drink being laced or spiked without their knowledge


Section 34(1) of the Road Traffic Offenders Act 1988  


 “Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.”

If you feel as though you had special or extenuating circumstances in regards to your case contact us now so we can put forward special reasons on your behalf .


Our Defenses for Drink Driving



At Parnell and peel we have been defending Drink Driving cases for over 20 years now and believe in providing you the best legal representation to help you keep your driving license . Over the years we have encountered every conceivable scenario and crafted a number of tried and tested formidable defenses and loopholes to ensure you the best possible outcome in your Drink Driving case . For more information on our defenses view here .


Why Parnell and Peel 



Our Specialist firm stands apart for compelling reasons with over 2 decades of unwavering commitment to helping thousands of motorists keep their driving license. We have amassed a wealth of experience and expertise that few can rival . Our long track record of success is no luck but built on a foundation of excellent legal representation and tireless preparation . We take pride in being a beacon of hope for those facing a Drink Driving conviction and understand and sympathize with the gravity of the situation and the potential impacts on our clients lives that's why we work tirelessly to ensure that you are provided with the best possible outcome in your Drink Driving case .