Every drink driving case is different, covering everything from being in control of even a stationary vehicle to causing death while driving under the influence of alcohol.
A criminal record for a motoring conviction will normally become ‘spent’ after five years. For example, for someone over 18:
- for a ban lasting less than 5 years, it becomes spent 5 years after you got it;
- for a ban lasting more than 5 years, it becomes spent on the date it ends.
This means that you are no longer required to declare it to your insurers or when applying for a job.
More serious offences, such as drink driving, remain on your driving licence and DVLA driving record for a much longer period.
The conviction remains unspent for 11 years from the date of conviction if the offence is:
- Drink or drug driving – recorded as DR10, DR20, DR30, DR31, DR61 and DR80
- causing death by careless driving while under the influence of drink or drugs – recorded as CD40, CD50 and CD60
- causing death by careless driving, then failing to provide a specimen for analysis – recorded as CD70
Does a drink driving conviction show on a DBS check?
Many convictions become ‘spent’ after a Rehabilitation Period and no longer show up on DBS checks.
The rehabilitation periods for drink driving offences are:
- Prison sentence over 48 months – never spent. This conviction will always be shown on a DBS check
- Prison sentence of 30-48 months – 7 years from the end of the sentence
- Prison sentence of 6-30 months – 4 years from the end of the sentence
- Prison sentence up to 6 months – 2 years from the end of the sentence
- Probation Order – 12 months from the end of the order
- Community Order – 12 months from the end of the order
- Fine – 1 year from the date of the conviction
- Conditional Discharge Order – from the last day of the order
Should I get a solicitor for a drink driving accusation?
Even if you plan to plead guilty in court it is advisable to seek legal help to:
- Provide you with advice on your options
- Represent you at the police station and accompanying you to interviews and bail requests
- Representing you at bail and court hearings
If you have been arrested for drink driving get in touch with our criminal team who is available to help you 24/7.