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Excess Alcohol (drive/attempt to drive)

Road Traffic Act 1988, s.5(1)(a) · Magistrates

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Sentencing framework

The guideline for Excess Alcohol outlines significant penalties, including fines and potential custodial sentences. The seriousness of the offence is determined by the level of alcohol in the bloodstream, and various aggravating and mitigating factors are considered. Courts must balance the need for punishment with rehabilitation prospects, and can impose community orders or fines depending on the offender's circumstances.

Maximum sentence

Unlimited fine and/or 6 months

Court

Magistrates

Starting point

Band B fine – 26 weeks’ custody

Offence range

Band B fine – 26 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Failure to comply with current court orders
  • ·Commission of an offence while subject to a relevant court order
  • ·Goods vehicle, PSV etc
  • ·Poor road or weather conditions
  • ·Carrying passengers
  • ·Driving for hire or reward
  • ·Evidence of unacceptable standard of driving
  • ·Involved in collision
  • ·High level of traffic or pedestrians in the vicinity

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Genuine emergency established
  • ·Spiked drinks
  • ·Very short distance driven
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·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

The sentencing process, step by step

  1. Step 1 - Determine the offence seriousness
  2. Step 2 - Establish disqualification periods
  3. Step 3 - Assess aggravating and mitigating factors
  4. Step 4 - Consider reduction for guilty pleas
  5. Step 5 - Apply the totality principle
  6. Step 6 - Consider ancillary orders like compensation
  7. Step 7 - Provide reasons for the sentence
  8. Step 8 - Consider credit for time spent on bail

Guideline notes

  • This guideline is triable only summarily with a maximum fine and/or imprisonment of six months. It involves mandatory disqualification for driving offenses.

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.