I have been caught drink driving and unfortunately it is my second offence. What is the likely penalty / punishment the Court can impose?
If the previous offence occurred within the last 10 years, the minimum punishment that the Court will impose is a 3 year driving ban. This can be extended for more serious cases. There will also be a fine and the option for community service, a curfew order or a prison sentence.
If the previous offence occurred more than 10 years, it will be regarded as spent and the minimum penalty is a 1 year driving ban, subject to the level of alcohol recorded.
I was pulled over by the Police and failed a breath test after I ended up behind the wheel whilst under emotional distress. Will I definitely lose my licence from drink driving? If I do lose my licence, I will lose my job and therefore could not meet my financial commitments. Do I have any other options?
The minimum punishment upon conviction is a 12 month ban. Although the Court does have discretion, a ban is for all intents and purposes compulsory. The duration of the disqualification does depend upon the circumstances of the incident and in particular the alcohol reading. At the Court’s discretion, you may be offered the opportunity to attend a drink driving rehabilitation course which once completed, can reduce the period of a ban by 25%. Loss of job is not a reason to justify avoiding disqualification. The stronger the mitigation you put forward, the better your outcome will be.