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Excess Alcohol (in charge)

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

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Sentencing framework

The guideline for excess alcohol in charge structures the sentencing framework by first considering the seriousness of the offence, which leads to a range of penalties from fines to possible custody, depending on previous convictions and other aggravating factors. Mitigating factors can lead to reduced sentences if the offender has no prior offences, demonstrates remorse, or shows a commitment to rehabilitation.

Maximum sentence

Level 4 fine (up to £2,500) and/or 3 months custody

Court

Magistrates

Starting point

High level community order

Offence range

Band A fine - 12 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Failure to comply with current court orders
  • ·Offence committed while on bail
  • ·Offence committed on licence or post sentence supervision
  • ·In charge of goods vehicle, PSV etc
  • ·High likelihood of driving
  • ·Offering to drive for hire or reward

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Low likelihood of driving
  • ·Spiked drinks
  • ·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)
  • ·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

The sentencing process, step by step

  1. Step 1 — determining the offence seriousness
  2. Step 2 — determining the appropriate sentence
  3. Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Totality principle
  6. Step 6 — Compensation and ancillary orders
  7. Step 7 — Reasons
  8. Step 8 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • This guideline applies to offenders aged 18 and older, and is triable only summarily. The maximum penalty is a Level 4 fine or 12 weeks' custody.

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.