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Maximum Penalties for Repeat Drink Driving Offences

In September 2005 the Council released a report on the adequacy of the maximum penalty available for certain repeat offences against the Road Safety Act 1986.

The report analyses the purposes that a statutory maximum penalty should serve, such as providing for the worst cases, reflecting community views about the seriousness of the offence and acting as a general deterrent. The report addresses the extent to which the current maximum penalty serves these functions.

The Council recommended an increase in the statutory maximum penalties for repeat offences, and that penalties be graduated in severity to reflect the defendant's degree of intoxication and number of prior convictions. The Council also recommended that the statutory maximum fine for a repeat offence should be increased to be consistent with the increased statutory maximum terms of imprisonment.

The Council’s recommendations were accepted by government and implemented through the Road Legislation (Projects and Road Safety) Act 2006.