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Unfit through drink or drugs (in charge)

Road Traffic Act, 1988, s.4(2) · Magistrates

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Sentencing framework

The guideline for sentencing for being unfit through drink or drugs while in charge outlines a structured approach based on the offender's culpability and harm caused. The severity of the sentence is determined through a three-category system that accounts for both aggravating and mitigating factors, with specific starting points and ranges for fines or custody lengths being established.

Maximum sentence

Level 4 fine and/or 3 months

Court

Magistrates

Starting point

Band B fine

Offence range

Band B fine - 12 weeks' custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Failure to comply with current court orders

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 (which may be applicable to offenders aged 18-25)
  • ·Sole or primary carer for dependent relatives
  • ·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

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  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 — Ancillary orders
  7. Step 7 — Reasons
  8. Step 8 — Consideration for time spent on bail (tagged curfew)

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.