Causing death by careless driving whilst under the influence of drink or drugs

Road Traffic Act 1988, s.3A · Crown Court

Sentencing framework

The guideline for causing death by careless driving whilst under the influence outlines a systematic approach where the court categorizes the offence based on culpability and harm. A starting point for sentencing is identified along with a category range, which can increase based on aggravating factors such as prior convictions and the severity of the incident. Mitigating factors, such as a good driving record or lack of previous convictions, may lead to reduced sentences.

Maximum sentence

Life imprisonment for offences committed after 28 June 2022; otherwise 14 years' custody

Court

Crown Court

Starting point

12 years’ custody

Offence range

26 weeks – 18 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
·Serious injury to one or more victims, in addition to the death(s)
·Disregarding warnings of others
·Driving for commercial purposes
·Driving a goods vehicle, PSV etc
·Other driving offences committed at the same time as the careless driving
·Blame wrongly placed on others
·Failed to stop and/or obstructed or hindered attempts to assist at the scene
·Passengers in the offender’s vehicle, including children
·Vehicle poorly maintained
·Offence committed on licence or while subject to court order(s)

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Good driving record
·Alcohol or drugs consumed unwittingly
·Actions of the victim or a third party contributed significantly to collision or death
·Offence due to inexperience rather than irresponsibility
·Genuine emergency
·Efforts made to assist or seek assistance for victim(s)
·Remorse
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Assessing culpability and harm
Step 3 — Starting point and category range
Step 4 — Consider any factors indicating a reduction for assistance to prosecution
Step 5 — Reduction for guilty pleas
Step 6 — Dangerousness considerations
Step 7 — Totality principle
Step 8 — Reasons for the sentence
Step 9 — Consideration for time spent on bail

Guideline notes

The guideline applies to offenders aged 18 and older and emphasizes the serious nature of the loss of life involved in all cases.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.