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Can I go to prison for drink driving?

Many are often surprised by the answer to this question!

Drink driving does indeed carry a custodial sentence. There are many factors in relation to sentencing for drink driving. Firstly the Court will look at your breath/blood/urine reading to see if this crosses the custody threshold and if there are any other aggravating features in your case such as previous convictions, an accident, carrying passengers at the time of the offence etc. Then the Court will certainly consider imposing a custodial sentence.

If the Court is considering imposing a custodial sentence, the probation service will be asked to intervene and prepare a pre-sentence report. This report is about you and your offending to determine whether any other punishment other than a custodial sentence is suitable in the circumstances.


The maximum custodial sentence the Magistrates Court can impose for a drink driving offence is a six month custodial sentence.