TL;DR
The drink drive limit in England, Wales and Northern Ireland is 80mg of alcohol per 100ml of blood. Scotland's limit is lower at 50mg. Penalties include up to six months in prison, an unlimited fine and a 12-month ban for a first offence.
Drink drive limits differ between England, Wales and Scotland. The limit in England, Wales and Northern Ireland is 80mg of alcohol per 100ml of blood, while Scotland reduced its limit to 50mg in 2014. Penalties for a first offence include up to six months in prison, an unlimited fine and a 12-month ban.
Why the limits differ
The drink drive limit in England, Wales and Northern Ireland is set under the Road Traffic Act 1988 at 80mg of alcohol per 100ml of blood, 35 microgrammes per 100 millilitres of breath, or 107mg per 100ml of urine.
Scotland reduced its limit in December 2014 to 50mg of alcohol per 100ml of blood under devolved powers. The lower limit aligns with most European Union countries.
Penalties for a first offence
A first conviction for drink driving carries a minimum 12-month driving ban, an unlimited fine, and up to six months in prison. Magistrates have discretion to set the fine and prison sentence within the maximum.
The ban can be reduced by completing an approved drink driving rehabilitation course. The course typically costs £150 to £250 and can cut the ban by around 25 per cent.
Repeat offenders
A second drink driving offence within 10 years triggers a minimum three-year ban. Repeat offenders are also classed as high-risk drivers and must pass a medical examination before getting their licence back.
Three or more offences within 10 years can lead to a longer ban and a custodial sentence. Insurance premiums for convicted drink drivers typically rise sharply, with some insurers declining cover entirely.
How the law is enforced
Police can require a breath test from any driver they reasonably suspect has been drinking, has committed a moving traffic offence or has been involved in a road traffic collision. Failure to provide a sample is a separate offence carrying the same penalties as drink driving.
Roadside breath tests use approved devices. A positive reading leads to arrest and a more accurate test at the police station or hospital, which is used as evidence in court.
Morning-after risks
Alcohol metabolises at about one unit per hour, so heavy evening drinking can leave a driver over the limit the following morning. The Department for Transport runs awareness campaigns highlighting the morning-after risk.
Personal calculators on the Drinkaware website can give an estimate of when the body is likely to be clear of alcohol, although individual metabolism varies. The safest approach is not to drive the morning after a heavy drinking session.
Key facts
- Limit 80mg per 100ml blood in England, Wales, NI.
- Scotland limit 50mg per 100ml blood.
- First offence: minimum 12-month ban.
- Drink driving course can cut ban by around 25 per cent.
- Refusing a breath test is a separate offence.
FAQ
What is the drink drive limit in the UK?
80mg of alcohol per 100ml of blood in England, Wales and Northern Ireland, and 50mg per 100ml in Scotland. Breath tests measure 35 microgrammes per 100 millilitres in England, Wales and NI.
What is the penalty for a first offence?
A minimum 12-month driving ban, an unlimited fine, and up to six months in prison. Completing an approved rehabilitation course can cut the ban by around 25 per cent.
Can I be over the limit the next morning?
Yes. Alcohol metabolises at about one unit per hour, so heavy evening drinking can leave a driver over the limit the next morning. Personal calculators give estimates, but individual metabolism varies.
Is refusing a breath test a separate offence?
Yes, failure to provide a sample carries the same penalties as drink driving, including a minimum 12-month ban and possible prison sentence.
