How long does drinking and driving stay on your criminal record?

How long does drinking and driving stay on your criminal record?

Now, when it comes to when your drink driving conviction will be spent, there is no clear-cut answer as it is dependent on the type of offence you committed. To know when you can stop declaring your offence to employers and insurers, read on. Our team at Parnell and Peel has been dealing with drink driving cases for over two decades and has faced every scenario and situation possible. We have compiled this short guide so you know when your conviction is spent.

What does it mean when your conviction is spent?

If your conviction is spent, it means you are no longer required to disclose it to any employers, insurers, or anyone else. This comes under the 1974 Rehabilitation of Offenders Act in order to help the rehabilitation of those convicted.

How long until drink driving is "spent"?

Unlike drink driving, a normal motoring offence is usually served in 5 years, but for drink driving, it may remain on your DVLA record for a longer period of time. Each offence is classified under a conviction code. Check below for your conviction code to know when your offence is spent . 

11 years 

• Driving or attempting to drive while above the alcohol limit (DR10)

• Driving or attempting to drive while unfit due to alcohol (DR20)

• Failing to take an alcohol test following a drink-driving accusation (DR30)

• Refusing to give permission for the analysis of a blood sample in relation to drink driving (DR31)

• Refusing to give permission for the analysis of a blood sample that was taken without consent due to incapacity (DR61)

• Causing death through careless driving when unfit due to alcohol (CD40)

• Causing death by careless driving while above the alcohol limit (CD60)

• Causing death by careless driving and failing to take an alcohol test (CD70)

4 years 

• Driving or in charge of a vehicle while above the alcohol limit (DR40)

• In charge of a vehicle while unfit due to alcohol (DR50)

• Failure to take an alcohol test (DR60)

• Failing to provide a specimen for a breath test (DR70)

• Intoxicated while in charge of a motor vehicle (DR90)

Offences resulting in penalty points

You may also be subject to penalty points remaining on your licence for 5 years, depending on the offence you have been convicted of. Refer to the list below:

• Driving or attempting to drive while above the alcohol limit (DR10)

• Driving or attempting to drive while unfit due to alcohol (DR20)

• Failing to take an alcohol test following a drink-driving accusation (DR30)

• Refusing to give permission for the analysis of a blood sample in relation to drink driving (DR31)

• Refusing to give permission for the analysis of a blood sample that was taken without consent due to incapacity (DR61)

• Causing death through careless driving when unfit due to alcohol (CD40)

• Causing death by careless driving while above the alcohol limit (CD60)

• Causing death by careless driving and failing to take an alcohol test (CD70)

The amount of penalty points you are subject to is entirely dependent on the severity of the offence and the individual situations present in the case, but usually the penalty points given can range from 3 to 11 points.

 Do I have to disclose my offence to my employers?

Whether you have to disclose your drink driving offence to your employers is dependent on what occupation you currently hold. In some cases, if you're a CFO or CEO, disclosing your offence may be more than necessary, but in others it will not. It is important to note that spent convictions will not appear in basic disclosure checks, and usually employers would require you to disclose only any unspent convictions. An exception to this would be if you work with children as a teacher, where you would be required to undergo an enhanced DBS check.

Does drinking and driving show on a DBS check?

Most convictions incur a rehabilitation period, and after the rehabilitation period is over, the conviction is considered spent and no longer required to be shown on a DBS check. The rehabilitation period for the offence depends on the offence committed. 

How long until custodial sentences are spent 

• 48 months+ never spent.

• 30–48 months spent 7 years from the end of the sentence.

• 6–30 months spent 4 years from the end of the sentence.

• 6 months spent 2 years from the end of the sentence.

Removing your criminal record

Since 2006, the police have been allowed to keep all convictions for a person up until 100 years of age. Prior to 2006, under the old rules, the police were allowed to erase qualifying records. In abnormal cases, you can request the removal of your conviction, the removal of warnings, and the removal of arrests. To request the deletion of any record, you can make an application via the ACRO deletion unit.

How we can help

For over 16 years, our specialist motoring solicitors have been dealing with drink and drug driving cases. In those years, we have faced almost every scenario possible and saved thousands of motorists from losing their licences. The consequences of drink driving can be severe for your professional life and could result in the loss of your occupational position as well as severe fines.

If you needed to undergo a heart bypass, you wouldn't employ a nurse to carry out the procedure but rather a specialist cardiologists. In the same way, when looking for the best outcome possible in regards to your drink-driving offence, contact a specialist.