if you are caught drink driving for a second time and are 5 times over the limit,what will you get ?

[kv1868]

[deannatrois]

Oh and i had to go to court with a temp of over 104 to see if he was going to be sent down. Neither of us will ever forget the experience but I totally support the attitude of the Judge and what he did. My OH could very easily have been sent to prison and I wouldn't have questioned it if he was, however hard it was on us as a family.

[bobjugs12]

I know the temptation is to gloat over this sort of thing, especially as it'll help you gain credit in the eyes of the law, with regards to your family.....however......

Bear in my mind this guy is driving with your daughter in his van. Drinkdrivers are tw@ts and should be strung up from lamp posts. As such, I'd be wondering if a) your ex missus is capable of making decisions about your childs welfare; b) your daughter is safe there; and c) should you remove her from the enviroment and the risk.

[New Judge]

Magistrates’ sentencing guidelines for a first time offender with such a high level of excess alcohol suggest a “starting point” of 12 weeks’ custody. Depending on the circumstances I would say that a second offence would almost certainly warrant more than this, possibly up to the maximum of six months. However, if a guilty plea is entered at an early stage a discount of one third must be allowed, making the likely maximum 4 months.

A second excess alcohol offence within ten years of the first attracts a mandatory minimum three year disqualification. With the level of alcohol in this case that is more likely to be up to five years.

The magistrates are not obliged to order a re-test at the end of the ban. However, in the circumstances you describe it is highly likely. The driver may also be required to satisfy the DVLA that he does not have a drink problem in order to regain his licence. This would most likely be by interview and medical examination. This is not an order that will be made by magistrates but one that will be imposed by the DVLA when considering his application for a new licence.