Driving Law
Last reviewed: 23 July 2026
TL;DR
The legal drink drive limit in England, Wales and Northern Ireland is 35 microgrammes of alcohol per 100 millilitres of breath, or 80 milligrammes per 100 millilitres of blood. Scotland applies a lower limit of 22 in breath and 50 in blood. No formula converts the limits reliably into pints or units.
Legal alcohol limits for drivers
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Source: GOV.UK, The drink drive limit
KEY FACTS
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What is the legal drink drive limit?
The limit is 35 microgrammes of alcohol per 100ml of breath in England, Wales and Northern Ireland, and 22 microgrammes in Scotland, with equivalent blood and urine thresholds.
The breath figure is the one that matters at the roadside, because police screening and evidential testing both work on breath. The equivalent blood limit is 80 milligrammes per 100ml south of the border and 50 in Scotland, used where a medical condition prevents a breath test or where a blood sample is taken at a police station or hospital. Scotland lowered its limits in December 2014 and has kept them at the stricter level since, which means a driver who is legal in Carlisle can be committing an offence 10 miles up the road in Scotland on the same reading.
Refusing to provide a specimen without a reasonable medical excuse is a separate offence carrying the same penalty range as a high reading, including the mandatory disqualification. Courts treat refusal seriously precisely because it would otherwise reward non cooperation, so declining the test offers no protection at all.
How many pints can a driver have and stay legal?
There is no reliable number of pints or units that keeps a driver under the limit, because absorption varies with body weight, sex, metabolism, food, stress and the drink's strength.
Two people drinking the same pint can produce very different readings. A 5 percent lager pint contains around 2.8 units while a 7.5 units bottle of wine shared over dinner lands differently again depending on timing and food. Because of that variability, no official body publishes a pints based allowance, and the consistent position of police forces is that the only safe amount when driving is none. Any figure circulating online that claims a specific number of drinks fits within the limit is a guess about averages, not a statement about any individual driver.
The morning after is where most accidental offences happen. Alcohol clears at very roughly one unit per hour after absorption, so a heavy evening ending at midnight can leave a driver over the limit well into the next morning. Morning after cases are prosecuted on exactly the same basis as night time cases, with the same mandatory ban.
What are the penalties for drink driving?
Driving or attempting to drive over the limit carries an unlimited fine, a minimum 12 month disqualification and up to 6 months imprisonment, with the endorsement staying on the record for 11 years.
The 12 month ban is mandatory for a first offence, extended to a minimum 3 years for a second offence within 10 years. Being in charge of a vehicle while over the limit, short of driving it, still carries up to 10 penalty points, a possible ban and up to 3 months imprisonment. Causing death by careless driving while over the limit carries a maximum of life imprisonment following sentencing reforms.
The financial tail is long. The DR10 family of endorsements remains on the driving record for 11 years, insurers typically ask about drink driving convictions for at least 5 years, and premiums after a conviction commonly double or worse in the specialist market. Employers running licence checks see the endorsement for its full life, and some countries, including the United States, can refuse entry visas on the basis of a drink driving conviction.
Can a ban be reduced with a rehabilitation course?
Courts can offer the drink drive rehabilitation scheme, which reduces the disqualification by up to a quarter when the course is completed in time.
The offer is made at sentencing and is at the court discretion, most commonly where the ban is 12 months or more. Completing the approved course before the deadline set by the court, normally at least 2 months before the reduced ban would end, cuts the disqualification by up to 25 percent. The driver pays the course fee, and providers report completion directly to the court.
High risk offenders, including those with readings of 87.5 microgrammes or more in breath, refusals, and repeat offenders within 10 years, must additionally pass a DVLA medical examination before the licence is returned at the end of the ban. That medical includes blood tests for alcohol misuse markers, and a failed medical delays relicensing regardless of the ban having expired.
RELATED GUIDES |
DISCLAIMER This guide is for general information only and is not legal or financial advice. Rules, rates and processes are set by DVLA, DVSA and HM Treasury and can change. Always confirm current requirements on GOV.UK before acting. |
Frequently asked questions
Is the drink drive limit different in Scotland?
Yes. Scotland's limit is 22 microgrammes per 100ml of breath and 50 milligrammes per 100ml of blood, lower than the 35 and 80 applying in England, Wales and Northern Ireland.
Can a driver be over the limit the morning after drinking?
Yes. Alcohol clears at roughly one unit per hour after absorption, so a late heavy evening can leave a driver over the limit well into the next day, and morning after offences are prosecuted identically.
What happens if a driver refuses a breath test?
Refusing without a reasonable medical excuse is a separate offence carrying the same penalties as drink driving, including the mandatory minimum 12 month ban.
How long does a drink driving conviction stay on the licence?
The DR10 endorsement stays on the driving record for 11 years from the date of conviction.
Does being in charge of a car while over the limit count?
Yes. Being in charge without driving carries up to 10 penalty points, a discretionary ban and up to 3 months imprisonment.
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