This offence can only be heard in the Magistrates' Court.  If you are in charge of a motor vehicle whilst unfit, you could receive the maximum penalty of £2,500 and/or three months imprisonment. The Court can disqualify you. If it does not it must impose ten penalty points. The Court will also impose a fine, community penalty or custodial sentence.

You could receive the following penalties:

Nature of offence Sentence Disqualification/points
Moderate impairment with no aggravating factors 100% of weekly take home pay

and ten penalty points
Moderate impairment with one aggravating factor 100% of weekly take home pay

and ten penalty points or disqualification
High impairment with no aggravating factors 150% of weekly take home pay - medium community penalty

and ten points or disqualification
High impairment with one aggravating factor

Medium community penalty - 12 weeks custody

and disqualification or ten points

 

aggravating factors

The list below outlines the factors that can increase your penalties:

  • LGV/HGV/PSV
  • high likelihood of driving
  • driving for hire/reward.

mitigating factors

The list below outlines the factors that can decrease your penalties:

  • low risk of driving.
For more information please contact Tim Williamson, a solicitor in Blake Lapthorn solicitors' Motoring Offences team in Oxford on 01865 253286 or tim.williamson@bllaw.co.uk.