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Drink driving

The legal limit for alcohol consumption while driving in England, Wales, and Northern Ireland is set at 80 milligrams of alcohol per 100 millilitres of blood, or 35 micrograms per 100 millilitres of breath. In Scotland, the limit is lower, at 50 milligrams of alcohol per 100 millilitres of blood, or 22 micrograms per 100 millilitres of breath.

• It’s important to note that there is no definitive way to determine how much alcohol you can consume and still remain under the legal limit, as this varies based on factors such as your weight, age, metabolism, and how much food you’ve consumed.
• Alcohol cannot be quickly eliminated from your system; it requires time. While activities like taking a shower or drinking coffee may make you feel more alert, they do not expedite the removal of alcohol from your body.
• If you’ve been drinking, it’s possible that you could still be under the influence the following day, which could result in losing your driving licence if you drive while still over the legal limit.
• Alcohol affects individuals differently, and even small amounts can impair your driving abilities. The safest choice is to refrain from drinking any alcohol if you plan to drive, as even a single drink could potentially put you over the limit.
• If you’re driving, it’s best to avoid alcohol altogether.
• Drug driving

Driving with any of the 17 controlled substances above a certain level in your bloodstream is considered an offence. This includes both illegal drugs and those that are legally prescribed.

Each drug has its own specific limit, and for illegal substances, these limits are set very low. They are not zero to account for any accidental exposure, such as from passive smoking.

If you’re uncertain whether your prescription or over-the-counter medication could impair your driving, it’s advisable to consult with your doctor or pharmacist.

Risks and physical effects

The most significant risk associated with driving under the influence of alcohol or drugs is the potential for causing an accident.

Driving while impaired by alcohol or drugs is highly dangerous and can negatively impact your driving in various ways, including:

• Your ability to judge speed and distance
• Your reaction time and coordination
• Blurred or impaired vision
• drowsiness
• aggression
• erratic behaviour
• panic attacks and paranoia
• hallucinations
• nausea
• dizziness
• tremors

Alcohol and drugs can create a misleading sense of confidence, leading to increased risk-taking behaviour that endangers both your life and the lives of others.

Testing for alcohol and drug use Alcohol

• The police have the authority to stop you at any moment and request that you undergo a breath test (‘breathalyse’ you) if:
• they suspect you’ve been drinking
• you’ve committed a traffic violation
• you’ve been involved in a road traffic accident
• If you decline to take a breath test, or fail to provide a breath sample without a ‘reasonable excuse’, you may be arrested. A reasonable excuse might be a legitimate physical or mental condition preventing you from providing a sample; in such cases, you may need to undergo a blood test.
• The breath test provides immediate results. If it indicates that you’re not over the legal drink drive limit, you may be permitted to leave.
• If you do not pass the breath test, you will be taken to a police station for a final breath test. If this test is positive, you will face charges.

Drugs

The police can stop you and perform a roadside screening test or a field impairment test, both of which could lead to your arrest if:

• they believe you have used drugs
• you’ve committed a traffic violation
• you’ve been involved in a road traffic accident
• Officers can test for cannabis and cocaine at the roadside, and can screen for other substances – including ecstasy, LSD, ketamine, and heroin – at a police station.

Even if you pass the roadside test, you may still be arrested if the police suspect that your driving is impaired by drugs, and you can be taken to a police station for additional testing.

Penalties

If you are found to be over the legal drink-drive limit, and/or driving while impaired by drugs, you may face:

• a criminal record
• a maximum sentence of six months in prison
• an unlimited fine
• a mandatory driving ban of at least one year (three years if you have been convicted twice within 10 years)
• Other issues you may encounter include:

Other issues you might encounter include:

• an endorsement on your driving licence lasting for 11 years
• an increase in your insurance premium
• if you drive for work, your employer will notice your conviction on your licence
• challenges when traveling to countries such as the USA
• Penalties for causing death while driving dangerously under the influence of alcohol or drugs

If a driver causes the death of another person while intoxicated, they may face charges for causing death by careless driving under the influence of alcohol or drugs (Section 3A of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, section 3).

The maximum penalty is 14 years in prison if the offence occurred before 28 June 2022. If the offence took place on or after 28 June 2022, the maximum penalty is life imprisonment.

The offences related to drink driving

The offences related to drink driving include Excess alcohol (drive/attempt to drive) and Excess alcohol (in charge). Both of these offences fall under section 5 off the Road Traffic Act 1988.

In the UK, there are strict alcohol limits for drivers. In England, Wales, and Northern Ireland, the alcohol limits for drivers are as follows:

• 35 micrograms of alcohol per 100 millilitres of breath
• 80 milligrams of alcohol in 100 millilitres of blood
• 107 milligrams of alcohol per 100 millilitres of urine
• In Scotland, the legal alcohol limit for drivers is lower across all three categories.

What occurs if someone is caught drink driving?

The police have the authority to request a breath test from anyone they suspect of drinking who is driving, attempting to drive, or in charge of a vehicle. Anyone who declines to provide a breath sample without a valid reason will be arrested. If a person fails the breath test, they will be taken to a police station for a second test. If this test is also positive, the individual will face charges for drink driving. Not taking the roadside or police station test without a valid excuse is considered an offence.

Anyone found over the limit in their vehicle, even if they are not actively driving, may still be charged with excess alcohol (in charge).

Sentencing

Parliament determines the maximum (and sometimes minimum) penalties for any offence. When determining the appropriate sentence, the court must adhere to relevant sentencing guidelines unless it is deemed unjust to do so.

What are the penalties for drink driving?

• If someone is convicted of drink driving, they may face a driving ban, fines, or even imprisonment. The sentence is based on the seriousness of the offence and is determined by a magistrates’ court.
• The maximum penalty for excess alcohol (drive/attempt to drive) can be an unlimited fine and/or up to six months in custody.
• If the offence involved driving or attempting to drive, the driver will also lose their license for a minimum of 12 months.

The court might provide a lesser ban if the driver finishes a drink-drive rehabilitation scheme (DDRS) course.

In cases of excess alcohol (in charge), the highest penalty can be a fine of up to £2,500 and/or three months in custody. The offender risks losing their licence or accumulating 10 points.

Discover more about the various types of sentences that courts can impose.

How is the sentence determined?

Sentences are calculated based on the alcohol level detected during testing. The court also takes into account any aggravating or mitigating factors that may apply.

Aggravating factors can heighten the severity of the sentence. Some examples include:

• prior convictions related to the offence
• if the driver had passengers
• evidence of poor driving standards
• if the driver was part of an accident
• if there was heavy traffic or many pedestrians nearby

Mitigating factors can lessen the severity of the sentence. Examples include:

• no prior convictions or relevant/recent offences
• if it was a true emergency
• if the driver’s drinks were tampered with
• if the distance driven was very short
• if the driver expressed remorse or has a good character
• if the driver suffers from a serious medical condition, mental disorder, or learning disability
• if the driver is the primary caregiver for dependent relatives
• If the defendant admits guilt, they will receive a lighter sentence, but the disqualification period will not be reduced.

You can learn more about how sentences for drink driving are calculated based on the type of offence throughout this website. Check out our sitemap for a full menu of this website. For more help and advice. Call 07811 606 606.