united-kingdom driving alcohol
Is There Any Alleviating Defence in Intoxication While Driving
<p>Considering this hypothetical scenario:</p>

<p>A voluntarily intoxicated man (e.g. driving home from a bar) causes an accident which results in the death of the other driver.</p>

<p>Under UK law is there any mitigating circumstances involving impaired judgement resulting in driving under the influence? Considering I'm fairly sure it's an automatic murder charge - are there any considerations made as to the degree/sentence length?</p>

<p>A few sources seem to suggest there aren't any intoxication considerations but I can't find anything concrete that doesn't use jargon I'm unfamiliar with.</p>

<p>On the contrary, voluntary intoxication is an <em>aggravating</em> factor in driving offences, particularly if the intoxicated driver causes the death of another person.</p>

<p><a href="https://www.gov.uk/government/news/life-sentences-for-killer-drivers" rel="nofollow noreferrer">https://www.gov.uk/government/news/life-sentences-for-killer-drivers</a> (2017 press release)</p>

<blockquote>
  <p>increasing the maximum penalty for causing death by dangerous driving
  from 14 years to life</p>
  
  <p>increasing the maximum penalty for causing death by careless driving
  whilst under the influence of drink or drugs from 14 years to life</p>
  
  <p>creating a new offence of causing serious injury by careless driving</p>
</blockquote>

<p>Sentencing Guidelines for causing death by dangerous driving</p>

<p><a href="https://www.sentencingcouncil.org.uk/offences/crown-court/item/causing-death-by-dangerous-driving/" rel="nofollow noreferrer">https://www.sentencingcouncil.org.uk/offences/crown-court/item/causing-death-by-dangerous-driving/</a></p>

<p>But causing a death by accident is not murder.</p>
