Drink Driving FAQ

The legal limits are: 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams of alcohol per 100 millilitres of blood, and 107 milligrams of alcohol per 100 millilitres of urine.

These limits apply across England and Wales. Scotland has lower limits (22 µg breath / 50 mg blood).

Custody is a possibility for the most serious drink driving offences, particularly those in Category 1 (breath readings of 120 µg or above). The maximum custodial sentence for a standard drink driving offence is 6 months.

For lower categories, the court is more likely to impose a fine or community order. However, aggravating factors such as previous convictions or involvement in a collision can push any case towards custody.

Expert legal representation significantly reduces the risk of a custodial sentence through effective mitigation and advocacy.

The minimum disqualification for a first drink driving offence is 12 months. For a second offence within 10 years, the minimum increases to 36 months (3 years).

The actual length of your ban depends on your sentencing category, which is determined by your alcohol reading. Higher readings result in longer bans. The maximum ban for a standard drink driving offence can be up to 36 months for a first offence or 60 months for a second offence.

Drink driving fines are calculated based on the offender's weekly income. A Band C fine (the most common starting point) is 150% of relevant weekly income, with a range of 125-175%.

There is technically no maximum fine for drink driving offences in the magistrates' court. However, fines are means-tested, so the court will take your financial circumstances into account.

An early guilty plea can reduce the fine by up to one-third.

In most cases, you can continue to drive until your court hearing, provided the police did not impose a roadside disqualification at the time of arrest. If you were charged and released, your licence remains valid until the court makes a disqualification order.

However, if the police served you with an immediate disqualification notice (which can occur for very high readings), you must not drive until the court hearing.

A drink driving conviction can affect employment in several ways. If your job requires driving, the disqualification period may make it impossible to fulfil your role. Some employers have policies requiring disclosure of criminal convictions.

Certain professions may face additional consequences, including those requiring professional registration (solicitors, accountants, doctors, nurses) and those holding positions of trust.

A specialist solicitor can present mitigation highlighting the employment impact, which the court must consider when sentencing.

Aggravating factors are circumstances that make the offence more serious and move the sentence upwards within the sentencing range. The Sentencing Council identifies specific aggravating factors for drink driving.

Previous convictions for drink driving or related offences represent the most significant aggravating factor. A second conviction within 10 years triggers the higher disqualification range shown in the calculator.

Being involved in a road traffic collision while drink driving substantially increases seriousness. Causing injury to others escalates the charge to a more serious offence carrying significantly higher penalties.

Other aggravating factors include carrying passengers (particularly children), poor road conditions or high traffic areas, evidence of an unacceptable standard of driving, driving for hire or reward, and being on bail at the time of the offence.

Mitigating factors are circumstances that reduce the severity of the sentence. Courts consider these when determining where within the sentencing range to place the final penalty.

No previous convictions and good character demonstrate that the offence was an isolated incident. A clean driving record spanning many years provides strong mitigation.

Personal circumstances affecting dependants carry significant weight. Being the sole provider for a family, providing essential care for elderly or disabled relatives, or the impact on children's welfare all constitute mitigation.

A genuine emergency that led to the decision to drive, although not a complete defence, reduces culpability. Remorse and steps taken to address the underlying issue also demonstrate willingness to change.

Under the Sentencing Act 2020, courts must reduce sentences for defendants who plead guilty. The reduction depends on when you enter the plea.

A guilty plea at the first reasonable opportunity attracts the maximum one-third (33%) reduction. After trial dates are set, the reduction drops to a maximum of 25%. On the first day of trial, only a 10% reduction applies.

The guilty plea reduction applies to fines, community order requirements, and custodial sentences. For example, a Category 1 offence with a starting point of 12 weeks custody could be reduced to approximately 8 weeks with a full guilty plea discount.

The Drink Drive Rehabilitation Scheme (DDRS) is a course that, if offered by the court and completed successfully, reduces your disqualification period by up to 25%. The court decides whether to offer the course at sentencing.

The course typically costs between £150 and £250 and must be completed before the end of your disqualification period. It involves attending educational sessions about the effects of alcohol on driving ability and decision-making.

For example, if you receive an 18-month disqualification and the court offers the DDRS, completing the course could reduce your ban to approximately 13.5 months. The minimum disqualification after DDRS reduction cannot fall below 12 months.

You are classified as a High Risk Offender (HRO) by the DVLA if your breath reading was 87.5 µg or above, your blood reading was 200 mg or above, or your urine reading was 267.5 mg or above.

You are also classified as an HRO if you have been disqualified for failing to provide a specimen, or if you have been disqualified on two or more occasions within 10 years for drink driving related offences.

Being classified as a High Risk Offender means you must pass a DVLA medical examination before your driving licence is returned. The medical involves blood tests to check liver function and confirm you do not have an ongoing alcohol dependency.

The medical examination typically costs between £150 and £250 and must be arranged through a DVLA-approved doctor. Failing the medical means your licence will not be returned until you can demonstrate satisfactory results.

Drink driving carries a mandatory minimum 12-month disqualification upon conviction. Unlike speeding offences, there is no exceptional hardship argument to avoid the ban. If convicted, you will be disqualified.

However, the length of the ban varies significantly within the sentencing ranges. Effective mitigation can result in a ban at the lower end of the range rather than the upper end.

The only way to avoid a ban entirely is to successfully defend the charge. Defences include challenging the breath test procedure, questioning the reliability of the evidence, raising issues with police procedure, or establishing that you were not driving or attempting to drive.

Several defences to drink driving charges exist, including procedural failures, evidential challenges, and statutory defences.

Breathalyser and blood test procedures must follow strict protocols. Errors in calibration, incorrect operation of the device, failure to offer a blood test alternative, or breaks in the chain of custody for blood samples can all undermine the prosecution evidence.

The hip flask defence applies where alcohol was consumed after driving but before providing a sample. If you can prove that your alcohol level was below the limit at the time of driving, this provides a complete defence.

Laced drinks may form the basis of a special reasons argument. If someone added alcohol to your drink without your knowledge, and you would not have been over the limit based on what you knowingly consumed, the court may choose not to disqualify.

Once your disqualification period ends, you can apply to get your driving licence back. Standard offenders can apply to the DVLA for their licence to be returned from the date their disqualification ends.

High Risk Offenders must pass the DVLA medical before their licence is returned. This process should be initiated at least 90 days before the end of your ban.

Car insurance premiums increase significantly after a drink driving conviction. A DR10 conviction remains on your licence for 11 years and must be declared to insurers. Premiums typically increase by 50-100% or more.

The conviction also appears on your criminal record. For standard offences, it becomes spent after 5 years (or 12 months if only a fine was imposed without disqualification).