Caught Drink Driving in the UK: What Happens Next?

What Is the Legal Alcohol Limit for Driving in the UK?

UK drink driving laws are governed by the Road Traffic Act 1988. 

The legal alcohol limits in England and Wales are: 

• 35 micrograms of alcohol per 100 millilitres of breath 
• 80 milligrams of alcohol per 100 millilitres of blood 
• 107 milligrams of alcohol per 100 millilitres of urine 

These limits are the maximum legal thresholds. However, the effects of alcohol vary significantly between individuals, meaning even small amounts can impair driving ability.

What Happens If the Police Suspect You of Drink Driving?

Police officers have several powers when they suspect a driver has consumed alcohol. 

Roadside Breath Test

A police officer may request a roadside breath test if: 

• They suspect alcohol consumption
• You have been involved in a road traffic collision
• You have committed a moving traffic offence 

A handheld breathalyser device measures the alcohol level in your breath. If the reading exceeds the legal limit, or if the officer suspects impairment, you may be arrested.

Arrest and Police Station Procedure

If the roadside breath test indicates alcohol above the legal limit, police may arrest you and take you to a police station.

At the station: 

• A more accurate evidential breath test will usually be carried out 
• If the reading exceeds the legal limit, you may be formally charged with a drink driving offence 
• In some cases, a blood or urine sample may be required.

The evidential test result is usually a key piece of evidence in court proceedings.

Drink Driving Penalties in the UK

Penalties for drink driving vary depending on the level of alcohol detected and the surrounding circumstances.

Driving Disqualification

A drink driving conviction usually results in a minimum driving ban of 12 months.

Longer disqualifications may be imposed where: 

• Alcohol levels are significantly above the limit
• The driver has previous drink driving convictions
• The offence involved dangerous driving

Fines

Courts frequently impose financial penalties. The amount will depend on: 

• The seriousness of the offence
• The driver’s income
• Any aggravating factors involved

Possible Imprisonment

In more serious cases, particularly where alcohol levels are very high or the offence involved dangerous behaviour, the court may impose a custodial sentence.

Maximum penalties for drink driving can include up to six months’ imprisonment. 

The sentence will depend on the facts of the case.

Factors That Affect Drink Driving Sentences

When determining penalties, courts consider several aggravating and mitigating factors. 

Examples of aggravating factors include: 

• Very high alcohol readings 
• Carrying passengers 
• Poor driving behaviour 
• Involvement in a road traffic accident 
• Previous motoring offences 

Mitigating factors may include: 

• Early guilty plea 
• Previously clean driving record 
• Genuine remorse 
• Personal circumstances presented to the court 

Each case is assessed individually by the magistrates.

Can You Defend a Drink Driving Charge?

Although breath test results can provide strong evidence, drink driving allegations are not always straightforward.

Potential issues may arise in relation to: 

• Incorrect breathalyser procedures
• Unreliable testing equipment
• Procedural errors during arrest
• Issues with blood or urine sample handling

A careful review of the evidence may identify weaknesses in the prosecution case.

How a Drink Driving Defence Solicitor Can Help

Drink driving allegations should be taken seriously because of the potential consequences for your driving licence, employment and personal life.

A solicitor experienced in motoring offence defence can: 

• Examine the evidence used by the prosecution
• Assess whether police procedures were followed correctly
• Identify potential legal issues
• Represent you during court proceedings
• Present mitigation to the court where appropriate

Early legal advice can be important when dealing with any criminal allegation involving driving offences. 

If you are facing a drink driving charge, speaking with a solicitor experienced in defending motoring offences can help you understand your legal position and the options available.