Drink Driving Penalties in the UK: Limits, Bans and Defences

Reviewed 30 October 2026 · England and Wales (Scotland differs) · General information, not legal advice

The drink-drive limit is 35 micrograms per 100ml of breath in England, Wales and Northern Ireland, 22 in Scotland. Driving over it means a ban of at least 12 months, an unlimited fine and, at high readings, a community order or custody.

Drink driving in England and Wales carries a minimum 12-month driving ban, an unlimited fine and up to six months in prison, and a second conviction within ten years means a ban of at least three years. The legal limit is 35 micrograms of alcohol per 100 millilitres of breath (80 milligrams per 100 millilitres of blood, 107 in urine); Scotland's limit is lower at 22 micrograms. The sentence depends mainly on how far over the limit you were: a reading of 36 to 59 micrograms usually means a fine and a 12 to 16 month ban, while 120 or more starts at 12 weeks' custody and a ban of 29 to 36 months. This guide sets out the limits, the offences, the Sentencing Council bands, how to shorten a ban, the defences that genuinely work, the knock-on effects for your licence, insurance and job, and what a motoring solicitor costs.

The drink-drive limits and the January 2026 proposal

The prescribed limits in England, Wales and Northern Ireland are 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood and 107 milligrams per 100 millilitres of urine. Scotland lowered its limits in December 2014 to 22, 50 and 67. There is no safe number of drinks, and many people are caught the morning after.

In January 2026 the government's Road Safety Strategy proposed cutting the limit in England and Wales to 50 milligrams of blood, roughly 22 micrograms of breath, with a lower limit for new drivers, and consulted on the detail. As at 30 October 2026 nothing has been enacted: the 80 milligram limit still applies, and any change would need legislation and would be announced well in advance.

The offences

The Road Traffic Act 1988 creates several related offences:

• Driving or attempting to drive with excess alcohol (section 5(1)(a)), the standard charge after a positive evidential test.
• Being in charge of a vehicle with excess alcohol (section 5(1)(b)), for example sitting in the driver's seat with the keys, where it is a defence to prove there was no likelihood of driving while over the limit.
• Driving, attempting to drive or being in charge while unfit through drink or drugs (section 4), which needs evidence of impairment rather than a reading.
• Failing without reasonable excuse to provide a specimen for analysis (section 7(6)), treated as seriously as a high reading, and failing to co-operate with a roadside test (section 6), which carries four points and a fine.
• Causing death by careless driving when under the influence (section 3A), which has carried a maximum of life imprisonment and a minimum five-year ban for offences since 28 June 2022.

A roadside screening test leads to arrest and an evidential breath test on an approved machine at the police station, which takes two specimens and uses the lower. Blood or urine is used only where the machine is unavailable or there is a medical reason; the old right to insist on a blood or urine sample when the breath reading was only just over the limit was abolished in April 2015.

The penalties: what the court will do

Drink driving is tried only in the magistrates' court. The maximum is an unlimited fine and six months' custody, disqualification is obligatory for at least 12 months (36 months if you have a previous drink or drug driving conviction within the last ten years), and the DR10 endorsement stays on your driving record for 11 years. Magistrates follow the Sentencing Council guideline for excess alcohol, in force since 24 April 2017, which sets the starting point by the reading (breath, then blood and urine):

• 36 to 59 micrograms (81 to 137 blood, 108 to 183 urine): a Band C fine, with a range from a Band B to a Band C fine, and a ban of 12 to 16 months (36 to 40 months for a second offence within ten years).
• 60 to 89 (138 to 206, 184 to 274): a Band C fine, with a range up to a low-level community order, and a ban of 17 to 22 months (36 to 46 for a second offence).
• 90 to 119 (207 to 275, 275 to 366): a medium-level community order, with a range from a low to a high-level community order, and a ban of 23 to 28 months (36 to 52).
• 120 and above (276 and above, 367 and above): 12 weeks' custody as the starting point, with a range from a high-level community order to 26 weeks' custody, and a ban of 29 to 36 months (36 to 60).

A Band B fine is 100% of your relevant weekly income and Band C 150%, plus a victim surcharge and prosecution costs. Passengers, a collision, poor driving or a large vehicle push the sentence up; no previous convictions, remorse and a very short distance driven pull it down. A guilty plea at the first hearing reduces the fine, community order or custody by up to a third but does not shorten the ban.

Immediate imprisonment is now rare even in the top band: since 22 March 2026 the Sentencing Act 2026 has required custodial sentences of 12 months or less to be suspended unless there are exceptional circumstances or a statutory exception applies. Being in charge carries up to three months' custody, a fine of up to £2,500 and either a discretionary ban or ten penalty points; failing to provide a specimen when driving carries the same maximum as drink driving and a minimum 12-month ban, and the guideline treats a deliberate refusal like a high reading.

Reducing a ban: the rehabilitation course and special reasons

At sentencing the court will usually offer a first-time offender the drink-drive rehabilitation course. Complete it by the date the court sets and your ban is cut by up to a quarter, so a 12-month ban becomes nine months and a 36-month ban 27. You pay the provider, typically up to about £250, and must agree to it in court.

"Special reasons" under the Road Traffic Offenders Act 1988 are the only way to avoid or shorten an otherwise obligatory ban. The reason must relate to the offence rather than to you: the classic examples are drinks spiked without your knowledge (which needs expert evidence showing you would have been under the limit but for the lacing), a genuine emergency with no alternative, or driving a very short distance in circumstances where nobody could have been endangered. You must prove it at a hearing with sworn evidence, and even then the court may still disqualify you.

"Exceptional hardship" does not apply to drink driving. It is an argument available only against a totting-up ban for 12 or more penalty points, explained in the guide to speeding fines and penalty points. Losing your job or home is not a reason to avoid a drink-drive ban, although it can influence where in the range the ban falls.

Defences and challenging the evidence

Genuine defences are rare and technical. You may not have been driving or attempting to drive, in which case the lesser "in charge" offence may apply instead. The "hip flask" defence under section 15(3) of the Road Traffic Offenders Act 1988 is that you drank after driving and before the test, which you must prove with expert back-calculation evidence. The police must follow the statutory procedure, including warning you of the consequences of refusing a specimen and using an approved, properly working device, and a significant failure can undermine the prosecution. A medical inability to provide breath, such as severe asthma or a panic condition, can be a reasonable excuse for failing to provide, but it needs medical evidence and you must have tried.

Not knowing you were over the limit, being only just over it, or needing your car for work are not defences. If you plead not guilty, the trial will be listed months later and, if convicted, you lose the early plea credit, so take advice on the strength of any defence first. If you were arrested, the guide to your rights at the police station explains the custody process.

After the ban: high-risk offenders, insurance, work and your record

You become a high-risk offender if your reading was at least two and a half times the limit (87.5 micrograms in breath, 200 milligrams in blood or 267.5 in urine), if you were convicted of failing to provide a specimen, or if you have been disqualified twice for drink driving within ten years. The DVLA will not return your licence automatically: you must pass a medical examination, including blood tests, which you pay for, and the process can take months, so apply as soon as the DVLA writes to you about 90 days before the ban ends.

Insurers ask about motoring convictions, usually for the previous five years, and a DR10 raises premiums sharply or leads to refusal; failing to declare it can void the policy. Under the Rehabilitation of Offenders Act 1974 the disqualification is spent when it ends and a fine after 12 months, whichever is later, so the conviction is unspent for the whole of the ban and must be disclosed if an employer asks. Driving jobs are often lost, taxi and private hire licensing authorities commonly refuse licences for several years after a drink-drive conviction, and the conviction appears on standard and enhanced Disclosure and Barring Service (DBS) checks for 11 years. Driving while disqualified is a separate imprisonable offence.

What a motoring solicitor does and what it costs

A motoring solicitor reads the police paperwork, including the breath test printout and the procedure forms, to check whether the process was followed and whether a defence or special reasons argument exists. If you plead guilty, they prepare mitigation, gather references, argue for the bottom of the disqualification range and make sure the course is offered; if you plead not guilty, they instruct a toxicologist where needed and run the trial.

Fees are mostly fixed, because the Solicitors Regulation Authority requires firms to publish prices for summary-only motoring offences dealt with at a single hearing. A guilty plea with mitigation is commonly quoted at a few hundred pounds to around £1,500 plus VAT depending on the firm and the court; a contested trial usually costs several thousand pounds plus expert fees. Legal aid is rarely granted for a first drink-driving case because the interests of justice test is hard to meet unless custody is a real prospect, although the court duty solicitor can advise anyone facing an imprisonable offence at a first hearing. Legal expenses cover on a motor insurance policy sometimes pays for motoring prosecutions, so check before the hearing. The guide to how solicitors charge covers the fee models.

For a low reading and a guilty plea, many people represent themselves. A solicitor usually pays for itself where the reading is in the top two bands, you refused a specimen, you have a previous conviction or your job depends on driving. Compare criminal law solicitors in Nottingham, browse solicitors in Leicester or use the solicitors near me search, and read about criminal defence solicitors and what criminal law covers. Your hearing date comes with the charge or by postal requisition, usually within a few weeks; the ban starts the moment it is imposed, so arrange a lift home.

Frequently asked questions

How many drinks can I have and stay under the drink-drive limit?

There is no reliable number. A pint of strong lager or a large glass of wine can take a smaller person over 35 micrograms, while someone else may stay under after two drinks, and alcohol is still being absorbed for an hour or more after you stop. The body clears roughly one unit an hour, so several drinks in the evening can leave you over the limit the next morning. The only safe approach when driving is not to drink at all.

Will I go to prison for drink driving?

Unlikely for a first offence. Readings below 90 micrograms carry a fine as the starting point, 90 to 119 a community order, and only readings of 120 or more have a custodial starting point of 12 weeks. Since 22 March 2026 the Sentencing Act 2026 has required sentences of 12 months or less to be suspended unless there are exceptional circumstances or a statutory exception applies, so even a top-band offender is more likely to receive a suspended sentence. Aggravating features such as a collision or passengers push the sentence up.

Can I avoid a drink-driving ban if I will lose my job?

No. Disqualification for drink driving is obligatory, and the "exceptional hardship" argument applies only to totting-up bans for 12 or more penalty points, not to drink driving. The only route around an obligatory ban is "special reasons", which must relate to the offence itself, such as spiked drinks or a genuine emergency, and are hard to prove. Losing your job is relevant mitigation that can keep the ban at the bottom of the range and reduce the fine, but it will not remove it.

How much does the drink-drive rehabilitation course cost and how much does it cut the ban?

Completing the course reduces your disqualification by up to a quarter: a 12-month ban becomes nine months, 18 months becomes 13 and a half, and 36 months becomes 27. You pay the approved provider directly, and GOV.UK says the cost is up to about £250. The court must offer it at sentencing and you must accept it there, so ask if it is not mentioned. You then have to complete it by the deadline the court sets, which is usually a couple of months before the reduced ban would end.

How long does a drink driving conviction stay on my licence and record?

The DR10 endorsement stays on your driving record for 11 years from the date of conviction, and most insurers ask about convictions in the past five years. Under the Rehabilitation of Offenders Act 1974 the conviction is spent once the ban has ended and 12 months have passed since any fine, so you must disclose it if asked during the ban. On standard and enhanced DBS checks a drink-driving conviction appears for 11 years; it also appears on a basic check while unspent.

Is the drink-drive limit changing?

Not yet. The Road Safety Strategy published on 7 January 2026 proposed lowering the England and Wales limit from 80 to 50 milligrams per 100 millilitres of blood, matching Scotland, with a lower limit for new drivers and the possible use of alcohol interlocks, and the government consulted on the proposals. As at October 2026 no legislation has been introduced, so the existing limit of 35 micrograms of breath still applies. Any change would require an Act or regulations and a lead-in period, and would be widely publicised.

Related guides

• Speeding Fines, Penalty Points and Totting Up Explained
• Arrested? Your Rights at the Police Station Explained
• What Is a Police Caution and Will It Show on a DBS Check?
• What Is Criminal Law?

This guide describes the law in England and Wales (Scotland differs) as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.