Unfit through drink or drugs (drive/ attempt to drive)

s.4(1) Road Traffic Act 1988 · Magistrates

Sentencing framework

This guideline sets out a framework for sentencing individuals convicted of being unfit to drive through drink or drugs. The court must categorize the offence based on the offender's culpability and the harm caused, determining a starting point and a range of potential sentences. Aggravating and mitigating factors influence the final sentence, with particular emphasis on the offender's history, behaviour, and personal circumstances.

Maximum sentence

Unlimited fine and/or 6 months

Court

Magistrates

Starting point

12 weeks' custody

Offence range

Band B fine – 26 weeks’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Failure to comply with current court orders
·Commission of an offence while subject to a relevant court order
·Poor road or weather conditions
·Evidence of unacceptable standard of driving
·Involved in collision
·Carrying passengers
·High level of traffic or pedestrians in the vicinity

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·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 - Starting point and category range
Step 3 - Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 4 - Reduction for guilty pleas
Step 5 - Totality principle
Step 6 - Ancillary orders
Step 7 - Reasons
Step 8 - Consideration for time spent on bail (tagged curfew)

Guideline notes

Consideration must be given to the effects of the offence on the offender and any mitigating circumstances, including previous convictions.

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.