Drink driving and drug driving limits in the UK
The drink drive limit is lower in Scotland than in England and Wales, but no amount of alcohol is safe before driving. There are also set legal limits for drugs. The penalties for going over either are severe: a driving ban of at least a year, an unlimited fine and up to six months in prison.
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What is the legal drink drive limit in England and Wales?
In England and Wales the legal limit is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. These are the measurements used by police testing equipment.
There is no reliable way to translate these figures into a number of drinks. How much alcohol takes you over the limit depends on your weight, sex, metabolism, what you have eaten and the strength of the drink. The only safe approach is not to drink any alcohol before driving.
What is the legal drink drive limit in Scotland?
Scotland has a lower limit than England and Wales. It is 22 micrograms per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, or 67 milligrams per 100 millilitres of urine.
This matters if you drive across the border, or the morning after drinking, because a level that is legal in England could be an offence in Scotland. As with England and Wales, the figures do not translate into a safe number of drinks, and the advice is the same: do not drink at all if you intend to drive.
How many units can you drink and still drive?
There is no safe answer to this, and we will not give one. Two people drinking exactly the same amount can end up with very different alcohol levels, and the same person can be affected differently from one day to the next.
Because of that, no responsible guide can tell you a number of units or drinks that keeps you under the limit. Alcohol also impairs your driving below the legal limit. The clear, simple rule is to avoid alcohol completely before getting behind the wheel.
What is the morning after rule?
Alcohol leaves the body slowly, roughly one unit per hour, but this is only a rough guide and clearance varies between people. A heavy night can leave you over the limit well into the next morning, sometimes past midday.
Many drink drive convictions happen the morning after, when people feel fine but are still over the limit. If you have drunk heavily, assume you may be unfit to drive the next morning and plan around it rather than guessing.
What are the drug driving limits?
It is an offence to drive with certain drugs in your body above set limits, whether they impair you or not. There are very low, near zero-tolerance limits for illegal drugs such as cannabis and cocaine, and higher limits for some drugs that may be legitimately prescribed.
You can also be prosecuted for driving while impaired by any drug, including legal medication, even if you are within the specified limit. If you take prescribed medication, follow the advice of your doctor or pharmacist about whether it is safe to drive.
How are drug driving tests carried out?
At the roadside, police can carry out a field impairment assessment and use a screening device, a saliva swab sometimes called a drugalyser, to test for cannabis and cocaine. If that indicates drugs, or the officer suspects impairment, you are arrested.
Confirmation is then done with a blood or urine test at a police station, which is the evidence used in court. Refusing to provide a specimen is itself an offence, carrying the same severe penalties as drink or drug driving.
What are the penalties for drink and drug driving?
Driving or attempting to drive over the limit carries a minimum 12-month driving ban, an unlimited fine, and up to six months in prison. A second conviction within ten years means a minimum three-year ban. Refusing to give a specimen carries the same penalties.
Being in charge of a vehicle while over the limit, without necessarily driving, carries up to three months in prison, a fine, and a possible ban. Causing death by careless driving when over the limit can mean a life sentence.
What is the difference between drink driving and being drunk in charge?
These are two separate offences, and the distinction matters. Drink driving means driving, or attempting to drive, while over the limit. Being "drunk in charge" means being over the limit and in charge of a vehicle without necessarily driving it, for example sitting in the driver's seat, or asleep in the car with the keys to hand.
Being in charge carries lower penalties, up to three months in prison, a fine and a possible ban rather than an automatic one, but it is still a criminal conviction. It is also why "sleeping it off" in your car after drinking is not the safe option many assume. If you are over the limit, the safest place is well away from the driver's seat altogether.
How does a conviction affect your insurance?
A drink or drug driving conviction has a serious and lasting effect on insurance. The endorsement, coded DR for drink and DG for drugs, stays on your record for eleven years, and you must declare it to insurers for as long as they ask.
Many mainstream insurers will decline to quote at all, leaving specialist providers at much higher premiums. The financial consequences continue long after the ban itself has ended.
Frequently asked questions
What is the drink drive limit in England and Wales?
It is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. There is no safe way to convert this into drinks, so the only safe approach is to drink no alcohol before driving.
Is the drink drive limit different in Scotland?
Yes. Scotland's limit is lower: 22 micrograms per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, or 67 milligrams per 100 millilitres of urine. A level that is legal in England could be an offence in Scotland, which matters if you drive across the border.
Can I drive the morning after drinking?
Possibly not. Alcohol clears the body slowly and varies between people, so a heavy night can leave you over the limit well into the next day. Many convictions happen the morning after. If you drank heavily, assume you may still be unfit and plan around it.
What happens if you refuse a breathalyser test?
Refusing to provide a specimen without a reasonable excuse is an offence in its own right, and it carries the same penalties as drink driving: a ban of at least twelve months, an unlimited fine and up to six months in prison.
What are the penalties for a first drink driving offence?
Driving over the limit means a minimum twelve-month ban, an unlimited fine and up to six months in prison. The conviction stays on your record for eleven years and must be declared to insurers, who often charge far more or decline cover.
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