Custodial Sentence for Drink Driving

Drink driving is an imprisonable offence, which means that, depending on the severity of your case, you could be issued with a custodial sentence as a result of a drink driving conviction.


You may receive a custodial prison sentence for drink driving if your offence surpasses the ‘custody threshold’. The custody threshold is reached when a fine, community sentence and/or licence points alone are not severe enough as punishment for an offence, and custody – i.e. imprisonment – must be considered as a sentence.


  • You have one or more relevant previous convictions
    By relevant, we mean a motoring offence of any kind (other than a speeding related offence) – usually within the last 10 years. The more recent the conviction, the more relevant it becomes. It’s crucial that Woods Solicitors distinguish the ‘modus operandi’ (the circumstances of the offence). Please be aware that the court will not know about your previous conviction(s) unless the CPS successfully introduce ‘bad character’ evidence.
  • You provided a high alcohol reading or you failed to provide a specimen
    The higher the alcohol reading provided, the more likely the magistrates are to consider imposing a prison sentence. Any ‘fail to provide’ allegation is just as likely to attract a serious penalty, especially if the CPS can show a deliberate refusal to provide a specimen and evidence of serious impairment.
  • You have also been charged, at the same time, with another motoring offence
    If, for example, you were disqualified at the time of the offence, or you did not have insurance, then this will aggravate the offence as a whole.
  • There is evidence of serious impairment
    It may be clear from witness evidence, or CCTV, that you were heavily intoxicated, even if you failed to provide a reading at the police station.
  • You were involved in a Road Traffic Collision
    Occasionally, it is a collision that leads to an arrest. Even if the collision was not your fault, it will still be considered by the court. If another person was injured, it is more than likely your case will surpass the custody threshold.
  • Other aggravating features exist
    This could range from poor weather conditions to driving with a child in the vehicle.


Any case that does surpass the custody threshold has to be handled correctly, which is where the skills and experience of Woods Solicitors can make all the difference.The quality of your representation is key. 


Our solicitors believes in our clients and  we present a clear and convincing argument. By finding fault with the evidence against you, we may be able to avoid a conviction entirely – thereby avoiding a custodial sentence.

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Additional Information

We have the following teams available to deal with your case:

  • Police Station Teams who are at Police Stations across Yorkshire and nationwide.
     
  • Magistrates Court Teams who cover all Magistrates and Youth Courts in the Pontefract & surrounding areas on a daily basis.
     
  • Crown Court Teams  who prepare cases to be dealt with before a Judge and Jury. We have Barristers and Higher Rights Advocates who represent our clients at these courts together with Counsel from the main criminal chambers. We deal with Crown Court cases throughout the United Kingdom.

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Woods Solicitors

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Woods Solicitors

21 Beastfair, Pontefract, WF8 1AW, United Kingdom

24 Hour Contact Number: 01977 790999

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