Drink driving
Drink driving means driving, or attempting to drive, a motor vehicle on a road or other public place with alcohol in your breath, blood or urine above the legal limit. Being in charge of a vehicle while over the limit, for example sitting in a parked car with the keys, is a separate and less serious offence.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Driving with excess alcohol, Drink-drive, Drunk driving, Being in charge with excess alcohol |
|---|---|
| The law | Road Traffic Act 1988, section 5 |
| Where it is tried | summary only. Drink driving, being in charge over the limit and failing to provide a specimen are all dealt with in the magistrates' court. |
| Maximum penalty | Driving or attempting to drive over the limit: 6 months' imprisonment and/or an unlimited fine, plus an obligatory driving ban of at least 12 months (at least 3 years if convicted of a relevant drink or drug driving offence within the previous 10 years). Being in charge over the limit: 3 months' imprisonment and/or a fine of up to £2,500 (level 4), with 10 penalty points or a discretionary ban. Failing to provide a specimen without reasonable excuse carries the same maximum as the driving or in-charge offence it relates to. Causing death by careless driving while over the limit carries up to life imprisonment. |
| Sentencing guideline | Excess Alcohol (drive/attempt to drive) (Revised 2017) |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant drove, attempted to drive, or was in charge of a motor vehicle.
- This was on a road or other public place.
- The alcohol in their breath, blood or urine was above the prescribed limit: in England and Wales 35 microgrammes per 100ml of breath, 80 milligrammes per 100ml of blood or 107 milligrammes per 100ml of urine (Road Traffic Act 1988, s.11).
- The level was proved by an evidential specimen taken under the statutory procedure, usually a breath test on an approved police station device or a laboratory-analysed blood or urine sample.
Defences and common issues
- Identity: the prosecution must prove that you were the person driving, attempting to drive or in charge.
- For the in-charge offence only, it is a defence to prove there was no likelihood of you driving while you were still over the limit (s.5(2)).
- Procedural and technical challenges: police must follow the statutory procedure for requiring and analysing specimens, and failures can affect whether the evidence is reliable or admissible.
- Drinking after driving: you can try to prove that alcohol drunk after you stopped driving, not before, took you over the limit (Road Traffic Offenders Act 1988, s.15).
- Special reasons, such as a genuinely laced drink or a very short drive in a real emergency, are not a defence but can allow the court not to impose a ban.
Frequently asked questions
What is the drink drive limit in England and Wales?
The drink drive limit in England and Wales is 35 microgrammes of alcohol per 100 millilitres of breath, 80 milligrammes per 100 millilitres of blood, or 107 milligrammes per 100 millilitres of urine, set by section 11 of the Road Traffic Act 1988. Scotland has a lower limit. The UK Government has proposed lowering the England and Wales limit, but at the time of writing no change is in force. There is no reliable number of drinks that keeps you under the limit, because it depends on your weight, metabolism, food and the drink itself.
Will I definitely lose my licence for drink driving?
Almost always. Driving or attempting to drive over the limit carries an obligatory disqualification of at least 12 months, rising to at least 3 years if you have another drink or drug driving conviction within 10 years. The court can only avoid a ban if it finds special reasons connected with the offence itself, such as a genuinely spiked drink. Personal hardship, like losing your job, is not a special reason. Being in charge over the limit usually leads to 10 penalty points, although the court can ban you instead.
Can you go to prison for drink driving?
Yes. The maximum sentence for driving or attempting to drive over the limit is 6 months' imprisonment and an unlimited fine. Many first offences are dealt with by a fine and a ban, but a very high reading, poor driving, carrying passengers, or previous convictions can lead to a community order or custody. Magistrates follow the Sentencing Council guideline, which sets starting points mainly by the alcohol reading. Causing death by careless driving while over the limit is a separate offence with a maximum of life imprisonment.
What is a drink-drive rehabilitation course?
If you are banned for 12 months or more, the court can offer you a place on a drink-drive rehabilitation scheme course. If you complete it, your ban is usually reduced by up to a quarter. Whether to offer it is the court's decision, and you pay for the course yourself. Separately, drivers who were at least two and a half times the limit, who refused to give a specimen, or who have two convictions within 10 years are treated as high risk offenders and must pass a medical before getting their licence back.
Is it an offence to sit in my car drunk if I am not driving?
It can be. Being in charge of a motor vehicle on a road or other public place while over the limit is an offence under section 5(1)(b) of the Road Traffic Act 1988, even if the engine is off. Courts look at factors such as who had the keys, where you were sitting and what you intended to do. It is a defence to prove there was no likelihood of you driving while still over the limit. The maximum penalty is 3 months' imprisonment and a £2,500 fine.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
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