I have a drink driving conviction – can I still become a solicitor?
updated on 15 December 2020
Dear Oracle
I am a second-year law student currently serving a two-year driving disqualification for drink-driving. Could this conviction prevent me from becoming a corporate lawyer?
The Oracle replies
Unfortunately, your conviction may affect your plans. Before commencing a training contract/period of recognised training, you must submit to a character and suitability test by the Solicitors Regulation Authority (SRA). This requires you to disclose any convictions you have, extending even to any police cautions that you may have received.
The SRA divides offences into three categories. It guarantees that it will reject applicants who fall under the most severe category, which includes any offence for which the applicant received a custodial or suspended sentence. The second category covers court convictions which did not carry a custodial or suspended sentence – with any offence under the second category meaning that the SRA is “more likely than not” to reject the application. The third and least-severe category covers offences for which the SRA “may” refuse an application – these include police warnings and cautions.
The SRA decides each application on a case-by-case basis, however, so you won't know the outcome until you apply. When you submit your application, you should include details of the conviction, including at least one independent report relating to the event (eg, sentencing remarks), as well as independent references, evidence of any rehabilitation and so on.
Clearly, your conviction does not fall into the most severe category, but nonetheless the SRA may still decide to refuse your application because of it. Drink driving is a common offence, but not all cases are the same. One glimmer of hope however – when the Oracle published a similar question in 2011, it received a comment from an individual who had been in your precise situation, but had disclosed it to the SRA, which went on to grant her student membership. She did advise submitting early– so be up front and contact the SRA with your issue as soon as possible, as this offence does not relate to any form of dishonesty, which would make your application be refused outright.
For further guidance or clarification, head to the SRA's website, where you can find more information and contact details.
