Drink driving limits.

Drink-Driving Law: Limits, Police Tests and Penalties.

Drink-driving is a serious criminal offence. You can be prosecuted for driving or attempting to drive while over the prescribed alcohol limit, driving while unfit through drink or being in charge of a vehicle while over the limit.

You do not have to be involved in an accident or be driving badly to commit an offence. A driver can be prosecuted solely because the amount of alcohol in their breath, blood or urine exceeds the legal limit.

What Is the Drink-Drive Limit?

The current legal limits in England and Wales are:

• 35 microgrammes of alcohol per 100 millilitres of breath
• 80 milligrammes of alcohol per 100 millilitres of blood
• 107 milligrammes of alcohol per 100 millilitres of urine

The same limits currently apply in Northern Ireland. However, separate reforms have been proposed there.

The Lower Limit in Scotland

Scotland has had a lower drink-drive limit since December 2014. The Scottish limits are:

• 22 microgrammes of alcohol per 100 millilitres of breath
• 50 milligrammes of alcohol per 100 millilitres of blood
• 67 milligrammes of alcohol per 100 millilitres of urine

A driver travelling between England and Scotland must comply with the limit applying where they are driving. Someone who is below the limit in England could still be over the limit after crossing into Scotland.

Will the limit in England and Wales Be Reduced?

The government announced in January 2026 that it would consult on reducing the drink-drive limit in England and Wales. One option is to bring it into line with Scotland's limit of 50 milligrams of alcohol per 100 millilitres of blood.

A consultation or government proposal does not itself change the law. Unless and until legislation is brought into force, the current 80 milligram blood limit and corresponding breath and urine limits continue to apply in England and Wales.

How Many Drinks Can You Have and Still Drive?

There is no reliable rule based on a particular number of drinks. Statements such as "one pint is safe" or "two glasses of wine are allowed" can be dangerously misleading.

The amount of alcohol recorded in a person's body can be affected by:

• The strength and size of the drink
• How quickly it was consumed
• The person's sex, weight and metabolism
• Whether and when they ate
• Medication or health conditions
• The time between drinking and driving

Alcohol can also impair judgement, reaction time and coordination before the legal limit is reached. The safest approach is not to drink alcohol before driving.

The Morning After Drinking

Sleeping, drinking coffee, eating breakfast or taking a shower will not remove alcohol from the body immediately. Alcohol is processed gradually, and a person may remain over the limit the following morning.

Drivers should be particularly careful after a late night or heavy drinking session. Feeling sober does not prove that the alcohol level has fallen below the legal limit.

When Can the Police Require a Breath Test?

A police officer may require a preliminary breath test in several circumstances, including where the officer reasonably suspects that:

• A person is driving, attempting to drive or in charge of a motor vehicle with alcohol in their body
• A person has committed a moving traffic offence
• A person was driving, attempting to drive or in charge of a vehicle involved in an accident

The police do not necessarily need to observe poor driving before requiring a test. A minor moving traffic offence, an accident, or information that gives rise to a reasonable suspicion may be sufficient.

Roadside Breath Tests

The roadside breath test is a preliminary screening test. It is commonly administered using a handheld device.

If the result indicates that the driver may be over the limit, or if the driver refuses or fails to cooperate without a reasonable excuse, the police may arrest them and take them to a police station for an evidential test.

A roadside reading is not normally the evidence ultimately used to prove the amount of alcohol for an excess-alcohol charge. The formal evidential procedure usually takes place at the police station.

What Happens at the Police Station?

At the police station, the driver will normally be required to provide two specimens of breath using an approved evidential breath-testing machine.

The lower of the two valid readings will ordinarily be used. If that reading is above the prescribed limit, the driver may be charged or released. At the same time, the case is considered.

The police should follow the statutory procedure and explain the requirement to provide the specimens. The driver should be warned that failure to provide them without a reasonable excuse is an offence.

Can You Demand a Blood Test Instead?

A driver no longer has a general right in England and Wales to replace a relatively low positive evidential breath reading with a blood or urine test. This former right was known as the statutory option and was removed from the law.

The police may nevertheless require blood or urine in circumstances permitted by law, including where:

• A reliable breath specimen cannot be obtained
• An evidential breath-testing device is unavailable or cannot be used
• A medical reason makes a breath specimen inappropriate
• The investigation also concerns drugs
• The person is at a hospital and the relevant legal conditions are met

The police generally decide whether the alternative specimen will be blood or urine, subject to the statutory procedure and any medical considerations.

Taking blood at a Hospital

Special safeguards apply where a person is receiving treatment at a hospital. The police cannot simply interfere with urgent medical care to obtain a sample.

A blood specimen normally requires the involvement of an appropriate healthcare professional. Depending on the circumstances, the person's consent or permission may be required before the specimen can be taken or analysed.

What If You Refuse to Provide a Specimen?

Failing to provide a roadside test or an evidential specimen without a reasonable excuse can amount to a separate criminal offence.

Refusing because you believe the test is unnecessary, because you would prefer a different type of specimen or because you are concerned that the result will not be normal will not normally be a reasonable excuse.

A reasonable excuse may sometimes arise from a genuine physical or mental condition that made it impossible or unreasonable to provide the specimen. Medical evidence will often be important.

Examples might include a respiratory condition affecting the ability to provide breath or a severe medically recognised phobia affecting the provision of blood. Each case depends on its evidence.

Failure to Provide at the Roadside

Failure to cooperate with a preliminary roadside test is distinct from failing to provide an evidential specimen at a police station or hospital.

The potential penalties and driving consequences can differ depending on which requirement was refused and whether the person was driving, attempting to drive or merely in charge of the vehicle.

Driving While Unfit Through Drink

A person may commit an offence even if no reliable alcohol reading is available or the reading is below the prescribed limit.

Driving while unfit through drink concerns whether alcohol has impaired the person's ability to drive properly. Evidence may include:

• The standard of driving
• The driver's speech, balance and coordination
• The smell of alcohol
• Behaviour at the Roadside
• Police observations
• Medical or forensic evidence

A driver can therefore be prosecuted for being unfit even where the prosecution does not rely on an above-limit breath, blood or urine result.

What Does "Being in Charge" of a Vehicle Mean?

A person does not have to be driving to be prosecuted. It is an offence to be in charge of a motor vehicle on a road or other public place while over the prescribed limit or unfit through drink.

Whether someone was "in charge" depends on the facts. Relevant matters may include:

• Where the person was found
• Whether they had the keys
• Whether they owned or controlled the vehicle
• Whether they were sitting in the driver's seat
• What they intended to do next
• How soon they might have driven

A person sleeping in a parked vehicle after drinking could still be investigated. Leaving the keys elsewhere, arranging alternative transport, and having no intention of driving may be relevant, but no single precaution guarantees that no offence has been committed.

The No-Likelihood-of-Driving Defence

A person accused of being in charge while over the limit may have a defence if they can prove that there was no likelihood of them driving while the proportion of alcohol remained above the prescribed limit.

This can require detailed evidence about their intentions, where the vehicle was located, access to the keys and how long it would have taken for their alcohol level to fall.

Can You Be Tested After You Have Stopped Driving?

The police may investigate someone after the journey has ended, particularly following an accident or report of suspected drink-driving.

A later specimen can be used as evidence. In general, the law allows the court to presume that the alcohol level at the time of driving was at least as high as the level shown in the later specimen, subject to evidence capable of challenging that presumption.

Drinking Alcohol After Driving

A driver may claim that alcohol was consumed only after driving but before the police obtained the specimen. This is sometimes called a post-driving consumption or "hip-flask" issue.

Such a claim does not automatically defeat the prosecution. Expert evidence may be used to calculate what the alcohol level would probably have been without the later drinking.

The court will also consider the credibility of the account, the amount allegedly consumed, the timing and whether there is supporting evidence.

What Evidence Can Be Challenged?

Possible issues in a drink-driving case can include:

• Whether the police had the legal power to require the test
• Whether the statutory procedure was followed
• Whether the approved device was working correctly
• Whether the specimens were properly obtained and handled
• Whether there was a reasonable excuse for failing to provide
• Whether the defendant was driving, attempting to drive or in charge
• Whether alcohol was consumed after driving
• Whether the alleged location was a road or other public place
• Whether the person was unfit to drive

A procedural irregularity does not automatically result in the case being dismissed. The court will consider the legal significance of the error and whether the prosecution can still prove the offence.

Obtain legal advice before deciding to plead guilty or not guilty. Drink-driving law is technical, and an unsuccessful trial can increase the legal costs and reduce the credit available for a guilty plea.

Drink-Driving Penalties

Driving or Attempting to Drive Over the Limit

A person convicted of driving or attempting to drive while over the prescribed limit or unfit through drink may receive:

• Up to six months' imprisonment
• An unlimited fine
• A mandatory driving disqualification of at least 12 months

The minimum ban is normally at least three years where the offender has a relevant previous conviction within the preceding ten years.

Being in Charge While Over the Limit

Being in charge of a vehicle while over the limit or unfit through drink can result in:

• Up to three months' imprisonment
• A fine of up to £2,500
• Ten penalty points or a discretionary driving disqualification

The exact sentence will depend on the alcohol level, the circumstances and the likelihood of the vehicle being driven.

Failing to Provide an Evidential Specimen

Failing without reasonable excuse to provide an evidential specimen in circumstances involving driving or attempting to drive can result in:

• Up to six months' imprisonment
• An unlimited fine
• A mandatory driving disqualification

The court may treat a deliberate refusal intended to conceal a very high alcohol level particularly seriously.

Causing Death While Under the Influence

Causing death by careless driving while over the alcohol limit, unfit through drink or having failed to provide a specimen is an extremely serious offence.

The maximum sentence is life imprisonment. A conviction can also result in an unlimited fine, a lengthy mandatory disqualification and an extended driving test before the licence can be restored.

How Does the Court Decide the Sentence?

Magistrates use sentencing guidelines that take account of the alcohol reading and any aggravating or mitigating circumstances.

Aggravating factors can include:

• Poor or dangerous driving
• Carrying passengers
• Driving for hire or reward
• Driving a large or heavy vehicle
• An accident or injury
• Previous convictions
• Driving while disqualified or uninsured

Mitigating factors may include:

• No previous convictions
• Genuine remorse
• A short distance driven
• Evidence of steps taken to address alcohol misuse
• A properly evidenced emergency

The loss of employment caused by a driving ban will not normally prevent disqualification. A mandatory ban cannot generally be avoided merely because the offender needs to drive for work.

Can a Driving Ban Be Avoided?

Where disqualification is mandatory, the court must impose a ban unless it finds special reasons relating to the offence.

Special reasons are not the same as personal hardship. They must relate to the circumstances of the offence rather than simply the consequences of disqualification.

Examples sometimes argued include:

• A genuine emergency
• A very short distance driven
• Alcohol being added to a drink without the driver's knowledge
• Being misled about the amount of alcohol consumed

These arguments are difficult and require credible evidence. Even where a special reason is established, the court retains discretion over whether to reduce or avoid disqualification.

The Drink-Drive Rehabilitation Scheme

A court may offer an approved drink-drive rehabilitation course to someone convicted of an eligible drink-driving offence and disqualified for at least 12 months.

The offender must agree to take the course and pay the fee. If it is completed within the required period, the driving ban is usually reduced by one quarter.

The course does not remove the conviction, fine or endorsement. It reduces only the period of disqualification.

High-Risk Offenders and Getting a Licence Back

Some disqualified drink-drivers are classified as high-risk offenders. This includes certain people who:

• Had an alcohol reading at or above the specified high-risk threshold
• Were disqualified twice within ten years for qualifying drink-driving offences
• Were disqualified for refusing or failing to provide an alcohol specimen

The current high-risk alcohol thresholds include:

• 87.5 microgrammes per 100 millilitres of breath
• 200 milligrammes per 100 millilitres of blood
• 267.5 milligrammes per 100 millilitres of urine

A high-risk offender does not automatically regain their licence when the ban ends. They must apply for a new licence and satisfy the DVLA that they are medically fit to drive.

This may involve a medical examination, blood tests and enquiries about alcohol consumption. A high-risk offender cannot normally drive while waiting for the DVLA to complete this process and issue a new licence.

Other Consequences of a Conviction

The effect of a drink-driving conviction can continue after the fine and disqualification have ended. Consequences may include:

• A criminal record
• Increased motor insurance premiums
• Difficulty obtaining insurance
• Loss of employment
• Disciplinary or regulatory action
• Restrictions on travelling to some countries
• Problems hiring vehicles
• Damage to personal and professional reputation

Professional drivers, healthcare workers, teachers, lawyers and others working in regulated occupations may need to report the conviction to their employer or regulatory body.

What Should You Do If Arrested?

Remain calm and cooperate with lawful testing requirements. Refusing a specimen is not a reliable way of avoiding prosecution and can create an additional serious offence.

At the police station, you are entitled to request independent legal advice. Legal advice at the police station is normally available without charge, regardless of income.

Tell your solicitor about:

• Any medical condition affecting the test
• Medication you were taking
• Anything consumed after driving
• Any problem with the testing equipment or procedure
• Where and when you drove
• Whether you were actually intending to drive

Do not assume that being only slightly over the limit makes the allegation unimportant. A conviction for driving over the limit normally results in a mandatory disqualification.

Reducing Drink-Driving

Public attitudes towards drink-driving have changed considerably. Still, it continues to cause deaths and serious injuries. Enforcement campaigns often increase around Christmas, major sporting events and the summer holiday period, although the police can conduct checks throughout the year.

The law sets a maximum permitted alcohol level; it does not provide a guaranteed safe amount to drink. The simplest rule remains the most reliable: if you intend to drive, avoid alcohol.

Speak to a Motoring Law Solicitor

Seek advice from a motoring law solicitor promptly if you have failed a breath test, been released under investigation, been charged with an offence or received a court summons.

A solicitor can examine the testing procedure and evidence, advise on the likely sentence, identify any defence or special-reasons argument and represent you in court.

Disclaimer: Solicitors.com is not a firm of solicitors. Content on this site is provided for general information about the law of England and Wales and is not legal advice. Different alcohol limits and procedures apply in Scotland and may apply in Northern Ireland. You should obtain advice from a regulated solicitor about your circumstances. Although we aim to keep information accurate and up to date, motoring law can change. Use of this site does not establish a solicitor-client relationship.

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