“I don't understand how they've gotten to that conclusion. Why has he not gone to jail?”
See below.
"It could be a 1K find with a year behind bars surly?"
No it couldn’t. Again, see below.
The maximum sentence for driving with excess alcohol is six months custody and/or an unlimited fine. Under the current guidelines custody is not a consideration until the reading reaches 120 micrograms of alcohol in 100ml of breath. The legal limit is 35, so about three and a half times the limit.
Mr McPartlin was said to have recorded around twice the limit. The guidance for this level suggests a “starting point” of a “Band C” fine (which is 1.5 week’s net income). It was reported that Mr McPartlin was fined two thirds of his reported weekly income. Allowing his one third discount for a guilty plea this would suggest the court considered a fine of one week’s income was appropriate. His ban of 20 months is about right for the level of alcohol recorded.
So, the fine is about right, if perhaps a little lower than it could have been. (As a matter of interest, if the offence had been committed prior to April 2015 - I think that’s the date from memory - the maximum fine would have been £5,000, or £3,333 for a guilty plea). The ban is also about right. It’s always wise to have a glance at the sentencing guidelines before suggesting what might or should have been handed down:
https://www.sentencingcouncil.org.uk/the-magistrates-court-sentencing-guidelines/