A DR40 is a drink-related motoring conviction for being in charge of a vehicle while over the legal alcohol limit.
A DR40 conviction is a drink-related motoring conviction. It means being in charge of a vehicle while the level of alcohol in your breath, blood or urine is above the legal limit.
This is not the same as DR10. DR10 is for driving or trying to drive while over the limit. DR40 is for being “in charge” of a vehicle. This can apply even if you were not driving at the time.
The Crown Prosecution Service drink and drug driving guidance says this offence can apply on a road or other public place. There may be a defence if the person can prove there was no likelihood of them driving while over the limit. This is a legal point, so you should seek legal advice if you are facing a charge.
A DR40 carries 10 penalty points. The court may also choose to disqualify the driver instead of giving points.
The sentence can vary. The Sentencing Council guideline for excess alcohol while in charge gives a range from a fine to custody, depending on the case. It also shows that a driving ban may be possible, especially where the alcohol reading is higher.
If a driver is banned and meets the DVLA high risk offender rules, they may need to prove they are fit to drive before getting their licence back.
GOV.UK says DR40 to DR70 codes stay on a driving record for 4 years. This is usually from the offence date, or from the conviction date if a disqualification is imposed. You can check this under endorsement codes and penalty points.
The driving record period is not always the same as the insurance disclosure period. GOV.UK says a driving endorsement has a 5-year rehabilitation period for adults. A driving disqualification is spent when the ban ends. If more than one sentence is given, the conviction is spent when the longest relevant period ends.
New drivers should take extra care. A licence can be revoked if a new driver gets 6 or more points within 2 years of passing their test. A DR40 carries 10 points, so it can trigger this rule.
A DR40 can make car or van insurance harder to arrange while it is unspent. It may also affect the price, terms, excess, or choice of insurers.
MoneyHelper says insurance can cost more if you have an unspent conviction. Some insurers may not offer cover. Others may ask for more detail before they decide.
Insurers may ask about motoring convictions when you get a quote or renew. You should answer the questions with care. MoneyHelper says you usually only need to disclose convictions if asked, but you should also check your policy terms in case you must tell the insurer sooner.
Once a conviction is spent, MoneyHelper says you do not need to declare it when applying for insurance, even if asked. The ABI also gives guidance on how insurers should handle customers with convictions, including making clear that spent convictions should not be disclosed.
If incorrect or incomplete details are given, this can cause problems. The Financial Ombudsman Service guidance on misrepresentation and non-disclosure explains that an insurer may take action depending on the facts and whether the customer took reasonable care.
An insurer may ask for:
You can use GOV.UK to view or share your driving licence information. This can help you check penalty points, disqualifications, and driving record details.
We arrange specialist cover for drivers with motoring convictions. Our convicted driver insurance service may help if you need car insurance after a DR40 conviction.
We can also look at options for van insurance, depending on the full details. This may include the vehicle, driver, conviction, claims history, no-claims bonus, and how the van is used.
We do not guarantee acceptance, price, or cover. Each insurer will make its own decision. Any policy will be subject to the insurer’s terms, limits, conditions, and exclusions.
A DR40 is a serious drink-related motoring conviction. It means being in charge of a vehicle while over the legal alcohol limit.
It carries 10 penalty points, and the court may impose a driving ban instead. It can also affect insurance while it is unspent.
If you need cover after a DR40, answer all questions accurately and check what the insurer asks for. We may be able to help you look for suitable car or van insurance options, but cover will depend on the insurer and the full details.
