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The Drink Driving Limit

The UK does not have one drink driving limit. In England, Wales and Northern Ireland it is 35 micrograms of alcohol per 100 millilitres of breath; in Scotland it is 22, which is substantially lower and catches drivers who would be legal a few miles south. A conviction carries a minimum twelve month disqualification, and the consequences that follow — insurance, employment, travel — usually outlast the ban itself. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

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Get advice before the first court hearing. The maximum credit for a guilty plea is available then, and the drink drive rehabilitation course, which can cut the ban by up to a quarter, must be offered by the court at sentencing — so it must be raised there.

The Drink Driving Limit at a glance

Two different limits

35 micrograms per 100ml of breath in England, Wales and NI; 22 in Scotland

Minimum 12-month ban

Obligatory disqualification for at least a year on a first offence, longer for high readings

Three years if repeated

A second conviction within ten years brings a minimum three year ban

The course cuts it

A rehabilitation course can reduce the disqualification by up to a quarter

Insurance is the long tail

Premiums rise sharply for years, and the conviction must be declared

The procedure, and where cases are won

A roadside breath test is a screening device; the evidential reading comes from the station machine, or from blood or urine where the machine is unavailable or a medical reason applies. Defences are technical and narrow, and they turn on procedure: whether the correct warning was given, whether the device was working and properly calibrated, whether the statutory options were offered correctly where the reading was borderline. Failing to provide a specimen without reasonable excuse is itself an offence, and is frequently punished more heavily than the drink driving would have been — being too drunk to blow is not a reasonable excuse; a genuine medical condition can be. Talk it through with a lawyer now →

What the sentence looks like

Disqualification length rises with the reading, and the guidelines escalate from a band of fines at the lower end to community orders and, at high readings or with aggravating features such as an accident or a passenger, custody. On top: a fine calculated from weekly income, a victim surcharge, costs, and a criminal record. Where the ban is twelve months or more the court must offer a rehabilitation course, which reduces the ban by up to a quarter if completed in time — that is a real, concrete saving and is one of the strongest reasons to be represented at sentencing. Talk it through with a lawyer now →

After the ban

The conviction stays on your driving licence record for eleven years from conviction for drink driving offences, which is far longer than most people expect, and it must be declared to insurers throughout. Expect premiums to multiply rather than merely rise. Employment consequences bite hardest where driving is part of the job, and professional drivers should get advice at the earliest stage rather than the last. High risk offenders — very high readings, refusal, or repeat offences — must also satisfy a medical assessment before the licence is returned, which takes time and should be started early. Talk it through with a lawyer now →

If you have been charged with drink driving, step by step

Get the reading and the procedure checkedThe machine, the calibration and the warnings are where technical challenges live.

Take advice before the first hearingPlea credit is highest then, and the sentencing course must be raised at sentencing. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Plan for the ban nowWork, childcare and insurance renewal all need arranging before the licence goes.

The Drink Driving Limit — your questions answered

How many drinks put me over the limit?

There is no safe number. Alcohol affects people differently depending on weight, sex, metabolism, food and fatigue, and the same drink can put one person over and leave another under. In Scotland the limit is low enough that a single drink can be enough. The only reliable rule is none at all if you are driving — and the morning after is where most surprised drivers are caught, because alcohol clears more slowly than people believe.

Can I avoid a ban if I need to drive for work?

Not for drink driving. Disqualification is obligatory, and hardship arguments do not apply to it — that is a totting-up concept, for drivers reaching 12 penalty points. What can be argued is the length, and the rehabilitation course can cut it by up to a quarter. If the reading is borderline or the procedure was flawed, that is a different conversation and one to have quickly.

I was over the limit in Scotland but would have been legal in England. Does that help?

No. The offence is committed where you were driving, and Scotland's limit of 22 micrograms applies there regardless of where you live or where you started the journey. This catches a great many drivers travelling north, and it is worth knowing before the trip rather than after.