The Civil Ramifications of Drink Driving – Even Without a Criminal Conviction

Most people are aware that driving under the influence of alcohol or drugs is a criminal offence under Section 5 of the Road Traffic Act 1988, which prohibits driving or being in charge of a motor vehicle with alcohol levels above the prescribed limit. Convictions under this section can result in fines, disqualification from driving, or imprisonment. However, what is less commonly understood is that even in the absence of a criminal conviction, individuals may still face significant civil consequences following a drink-driving incident.

When criminal proceedings do not result in conviction

In an ideal legal system, every offence would be prosecuted successfully where evidence supports it. However, in practice, prosecutions may fail due to procedural errors, evidential issues, or medical defences. For example, the Clarke v CPS [2024] decision highlighted how procedural flaws can affect outcomes in drink-driving cases.

But even if the Crown Prosecution Service (CPS) decides not to pursue charges, or if a defendant is acquitted, this does not necessarily mean the matter is closed. Civil liability operates under a different standard of proof: the balance of probabilities, rather than beyond reasonable doubt.

Civil liability: a hypothetical scenario

Imagine a driver consumes alcohol at a pub, believes they are fit to drive, and subsequently causes a collision. The police attend the scene, administer a breathalyser test, and the driver fails. They are arrested but later released without charge due to evidential concerns.

Despite the absence of a criminal conviction, the following civil consequences may arise:

1. Insurance repercussions

Most motor insurance policies contain clauses excluding cover where the insured was driving under the influence. Importantly, insurers do not require a criminal conviction to invoke these clauses. If they can demonstrate, on the balance of probabilities, that the driver was intoxicated, they may:

• Refuse to pay out for damage to the insured’s vehicle.
• Recover costs paid to third parties under the policy.
• Cancel the policy or increase future premiums.

This principle was affirmed in practice by insurers relying on police reports, witness statements, and breathalyser results to justify repudiation of cover.

2. Third-party civil claims

Any injured party or property owner affected by the incident may bring a civil claim for damages. These claims can include:

• Personal injury compensation
• Property damage
• Non-material losses, such as emotional distress

Again, the claimant need only prove liability on the balance of probabilities. Disclosure of police records, witness testimony, and medical reports can be sufficient to establish fault.

Relevant case law includes Sheldrake v DPP [2003] 2 WLR 1629, which examined the burden of proof under Section 5 and its compatibility with human rights legislation. While the case focused on criminal proceedings, it underscores the evidential complexities that can spill into civil litigation.

Broader implications

Even without a conviction, the consequences of drink driving can be far-reaching:

• Financial liability to insurers and third parties
• Loss of employment, particularly for professional drivers
• Reputational damage
• Increased insurance premiums for years to come

Moreover, civil claims may be pursued even if the driver was merely “in charge” of the vehicle while intoxicated, as defined under Section 5(1)(b) of the Road Traffic Act 1988. The courts have interpreted “being in charge” broadly, including scenarios where the driver was near the vehicle with intent to drive.

Conclusion

While criminal proceedings often dominate the narrative around drink driving, the civil ramifications can be equally, if not more, burdensome. Drivers should be aware that liability does not end with the CPS’s decision not to prosecute. Civil claims and insurance disputes may follow, and these are governed by different legal standards.

If you find yourself facing such a situation, legal advice is essential. At Hodge Jones & Allen Solicitors, our Dispute Resolution Team offer expert guidance on defending civil claims and navigating insurance disputes. Please contact us with your enquiry on 0330 822 3451 or request a callback.