This offence can only be heard in the Magistrates'
Court.
The Court must disqualify you for at least 12 months.
The Court will disqualify you for at least 24 months if you
have already been disqualified for a period of 56 days or more in
the preceding three years.
If there has been a conviction for a relevant offence in the
preceding ten years then the penalty is a mandatory
disqualification for a period of 36 months.
The Court will also impose a fine, community penalty or
custodial sentence. The maximum sentence is a fine of £5,000
or six months in prison.
If you are driving whilst unfit, you could receive the
following penalties:
| Nature of
offence |
Starting
point of fine |
Sentence |
Disqualification |
Second
disqualification |
| Moderate impairment with no aggravating
factors |
150% of weekly take home pay |
Fine: 150% of weekly take home pay |
12 – 16 months |
36 – 40 months |
| Moderate impairment with one aggravating
factor |
150% of weekly take home pay |
Fine: 150% of weekly take home pay |
17 – 22 months |
36 – 46 months |
| High impairment with no aggravating
factors |
Medium community penalty |
Low – high community penalty |
23 – 28 months |
36 – 52 months |
| High impairment with one aggravating
factor |
12 weeks custody |
High community penalty – 26 weeks
custody |
29 – 36 months |
36 – 60 months |
aggravating factors
The list below outlines the factors that can increase your
penalties:
- LGV/HGV use
- poor road conditions
- carrying passengers
- unacceptable standard of driving
- accident
- near school
- high level of traffic/pedestrians.
mitigating factors
The list below outlines the factors that can decrease your
penalties:
- genuine emergency
- spiked drinks
- very short distance driven.
