Court upholds 90-day sentence for driver banned for life

Iceland’s Court of Appeal has upheld a 90-day prison sentence for a man who drove under the influence of alcohol and drugs in Reykjavík despite being banned from driving for life, mbl.is reported. The man had asked for a reduced sentence suspended on probation, but the court rejected the request.

The ruling, issued on Thursday, upheld a decision by Reykjavík District Court dated February 4. Police stopped the man near Bíldshöfði 20 on July 31 last year, after he had driven along Höfðabakki. His blood alcohol level was 0.52 parts per thousand, and tests also detected alprazolam and gabapentin. The court found he was unable to drive safely because of the effects of narcotic substances and sedative medication.

The man admitted the offences in the district court. His appeal concerned only the sentence.

The Court of Appeal said he had five previous convictions for driving under the influence of alcohol or drugs, including three since 2021. He had also been convicted five times of driving while disqualified, including four times since 2021. He was banned from driving for life in rulings in 2021 and 2024.

In October last year, he received a six-month prison sentence for driving under the influence of alcohol and while disqualified. The offence in the current case took place before that sentence, so the 90-day term was imposed as an additional sentence.

The court noted that traffic law does not specify repeat-offence penalties for earlier convictions, although previous offences are considered when sentencing. Given the man’s record, and because prosecutors had not sought a heavier sentence, it upheld the district court’s ruling. It also said the sentence could not be suspended under established court practice. The man must pay just over 276,000 krónur in appeal costs.