A DR70 conviction means a driver failed to co-operate with a preliminary drink or drug test, such as a roadside breath test.
A DR70 conviction is a motoring conviction for failing to co-operate with a preliminary test. GOV.UK lists DR70 as “failing to co-operate with a preliminary test”. It carries 4 penalty points.
A preliminary test is often a roadside breath test. It can also include a drug test or an impairment test. The Crown Prosecution Service explains how preliminary breath, drug and impairment tests work under road traffic law.
DR70 is not the same as DR30 or DR60. DR30 is linked to failing to provide a specimen after driving or trying to drive. DR60 applies in other circumstances. DR70 is about failing to co-operate with the earlier preliminary test.
The police can ask for a breath test if they think a driver has been drinking, if the driver has committed a traffic offence, or if the driver has been involved in a road traffic accident.
If a driver refuses, or fails to give a breath sample without a reasonable excuse, they can be arrested. GOV.UK gives more detail on breath tests when stopped by the police.
There may be a reasonable excuse in some cases. This could include a genuine physical or mental condition. It will depend on the facts of the case.
A DR70 conviction carries 4 penalty points. The endorsement usually stays on the driving record for 4 years from the date of the offence. If a driving ban is imposed, it stays for 4 years from the date of conviction. You can check this on the GOV.UK list of endorsement codes and penalty points.
The Sentencing Council lists failing to co-operate with a preliminary roadside test as an offence with a level 3 maximum fine and 4 points. A court may also look at whether disqualification is relevant. The Sentencing Council explains how driving disqualification can apply in motoring cases.
A DR70 conviction may affect car or van insurance. Insurers can treat it as a relevant motoring conviction, especially as it can be linked to suspected drink or drug use.
This does not mean cover is impossible. It does mean some insurers may ask more questions. The price, excess, cover level and policy terms can vary depending on the insurer, the vehicle, your driving history and the full details of the conviction.
When you get a quote, you should answer questions carefully. The Financial Ombudsman Service explains that customers must take reasonable care not to make a misrepresentation. If the wrong information is given, an insurer may be able to change the policy terms, reduce a claim payment, avoid the policy, or refuse a claim in some cases.
The ABI says insurers should only consider relevant unspent convictions, and should not take spent convictions into account. Its guide on people with convictions and related offences explains how insurers should approach this fairly.
Before getting a quote, it can help to check:
You should also read each insurer’s question with care. Some ask about motoring convictions. Others ask about penalty points, bans, pending prosecutions, or convictions within a set number of years.
Do not assume a conviction no longer matters without checking. GOV.UK explains that driving convictions and endorsements can be treated differently depending on the setting.
We arrange specialist convicted driver insurance for drivers with motoring convictions. This can include drivers with drink or drug-related convictions, subject to insurer terms.
We can also help with car insurance and van insurance where a driver has previous convictions, claims, or a low no-claims bonus.
We do not underwrite every policy ourselves, and we cannot promise that every insurer will offer cover. But we may be able to help you look at suitable options, depending on your details and the insurers available.
