Being charged with drink driving in the UK is a serious matter — even for a first offence. The penalties are significant, the process moves quickly, and the decisions you make in the first few hours after being stopped can affect the outcome of your case considerably. This guide explains the legal limits, what the penalties are, how the court process works, and what you should do if you have been charged.
Our solicitors in Bolton have extensive experience representing clients facing drink driving charges at every level — from first offences at the Magistrates’ Court to complex cases involving serious injury.
What Is the Legal Drink Drive Limit in the UK?
The drink drive limit in England, Wales, and Northern Ireland is:
- 35 micrograms of alcohol per 100 millilitres of breath (the breath test limit)
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
Scotland operates a lower limit — 22 micrograms per 100ml of breath — which is one of the strictest in Europe.
It is important to understand that there is no reliable way to calculate exactly how much you can drink and stay under the limit. Body weight, metabolism, food intake, and the type of alcohol consumed all affect how your body processes alcohol. The only safe approach when driving is to drink nothing at all.
What Happens When You Are Stopped?
If a police officer suspects you have been drinking, they can require you to take a roadside breath test. If you fail or refuse this test, you will be arrested and taken to a police station where a more accurate evidential breath test is carried out using an approved device.
At the police station you have the right to free legal advice before being interviewed or tested. This is an important right — exercise it. Our police station representation team is available 24 hours a day, 7 days a week, and attendance is completely free of charge.
If the evidential test confirms you are over the limit, you will be charged and bailed to appear at the Magistrates’ Court.
Drink Driving Penalties in the UK
The penalties for drink driving depend on how far over the limit you were, whether it is a first offence, and the specific circumstances of the case.
Being in Charge of a Vehicle While Over the Limit
This is a lesser charge that applies where you were not driving but were in a position to take control of the vehicle — for example, sitting in the driver’s seat with the keys in the ignition.
- Up to 3 months in prison
- An unlimited fine
- Up to 10 penalty points — or a discretionary driving ban
Driving or Attempting to Drive While Over the Limit
This is the most common charge and carries mandatory disqualification:
- Up to 6 months in prison
- An unlimited fine
- A minimum 12-month driving ban (longer for repeat offences or high readings)
High Reading or Aggravating Circumstances
Where your reading was significantly over the limit — typically more than two and a half times — or where there were aggravating factors such as driving with a child in the car, driving at high speed, or causing an accident, the court will take a considerably more serious view and the ban and fine will reflect this.
Second Offence Within 10 Years
If you have a previous drink driving conviction within the last 10 years, the minimum ban increases to 3 years automatically. This makes early legal advice even more critical in these cases.
Causing Death by Careless Driving While Under the Influence
This is the most serious drink driving offence and is dealt with at the Crown Court. It carries a maximum sentence of 14 years in prison and an unlimited fine, along with a minimum 2-year driving ban and an extended retest requirement.
Will You Definitely Lose Your Licence?
For a standard drink driving conviction, a driving ban of at least 12 months is mandatory — the court has no discretion to avoid it unless there are special reasons related specifically to the offence itself, not your personal circumstances.
However, the length of the ban is not fixed. Depending on your reading and the circumstances, a skilled solicitor can make representations to the court that result in a shorter ban, a reduced fine, or in some cases a rehabilitation offer that reduces the ban by up to a quarter.
If losing your licence would cause exceptional hardship — for example if it would cost you your job and leave your family without income — it may be possible to make an exceptional hardship application to the court. This does not avoid the ban entirely but can be a critical lifeline in the right circumstances.
Can a Drink Driving Charge Be Challenged?
Yes — in some cases. Common defences and grounds for challenge include:
Procedural errors: The police must follow strict procedures when administering breath, blood, and urine tests. If the device was not properly calibrated, the procedure was not correctly followed, or your rights were not properly explained, this may give grounds to challenge the admissibility of the evidence.
Necessity: In rare circumstances, a necessity defence may apply — for example if you drove a short distance to escape genuine and immediate danger and there was no reasonable alternative.
Hip flask defence: If you consumed alcohol after driving but before being tested, and the reading was caused by alcohol consumed after the fact rather than at the time of driving, this may be arguable. It requires expert evidence and careful legal preparation.
Laced drinks: If your drink was spiked without your knowledge and you had no reason to suspect you were over the limit, this can be raised as a defence — though it is rarely straightforward.
Each of these defences requires careful legal analysis of the specific facts and evidence in your case. Our drink driving solicitors will review the evidence against you and advise honestly on whether any defence is available.
What About Points on Your Licence?
Drink driving convictions that result in a driving ban do not typically add penalty points to your licence — the ban itself is the penalty. However, if you accumulate 12 or more points within 3 years through other offences while your licence is valid, you may face a totting up ban on top of any other proceedings. It is important to understand your full penalty points position when taking advice.
The Impact Beyond the Ban
A drink driving conviction carries consequences beyond the disqualification itself that are worth understanding before your case is resolved:
- Insurance: Your car insurance premiums will increase significantly for a minimum of 5 years following a conviction. Some insurers will refuse cover entirely.
- Employment: Certain professions — including healthcare, teaching, law, and any role involving driving — require disclosure of criminal convictions. A drink driving conviction can affect your employment prospects or professional registration.
- Travel: Some countries, including the United States and Canada, can refuse entry to travellers with drink driving convictions.
- Extended retest: In some cases, particularly for high readings or repeat offences, the court will order you to pass an extended driving test before your licence is returned.
What Should You Do If You Have Been Charged?
If you have been charged with drink driving, the most important steps are:
- Take legal advice immediately — do not assume the outcome is inevitable before speaking to a solicitor
- Do not discuss the case on social media — anything you post can potentially be used in proceedings
- Gather any relevant evidence — dashcam footage, witness details, receipts showing when and where you were drinking
- Do not miss your court date — failing to attend will result in a warrant for your arrest and will significantly worsen your position
Our driving offence solicitors in Bolton will review your case, advise on any available defences or mitigating factors, and represent you at court to achieve the best possible outcome.
How Hi Solicitors Can Help
At Hi Solicitors, our drink driving solicitors handle cases ranging from first-time offences to complex high-reading cases and repeat convictions. We understand how much is at stake — your licence, your livelihood, and in some cases your liberty — and we work hard to protect all three.
We will be honest with you about the realistic outcome of your case from the first consultation. If there is a defence available, we will identify it. If mitigation is the right approach, we will build the strongest possible case on your behalf. And if an exceptional hardship application could help protect your ability to work and support your family, we will advise you on how to make one effectively.
Call 01204 371 414 for a free initial consultation with our solicitors in Bolton. We are here to help.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Will I automatically lose my licence for drink driving?
Yes — for a driving or attempting to drive charge, a minimum 12-month ban is mandatory. The court cannot avoid this unless you can establish special reasons connected directly to the offence. However, the length of the ban and any additional penalties can be influenced significantly by good legal representation.
Q: What is the drink drive limit in England?
The legal limit in England, Wales, and Northern Ireland is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100ml of blood, or 107 milligrams per 100ml of urine. Scotland’s limit is lower at 22 micrograms per 100ml of breath.
Q: Can I refuse a breath test?
Refusing a roadside breath test without a reasonable excuse is itself a criminal offence carrying the same penalties as drink driving. You should always comply with a roadside test. At the police station, you have the right to speak to a solicitor before providing an evidential sample.
Q: What is an exceptional hardship application?
An exceptional hardship application is made to the court where losing your licence would cause disproportionate hardship — typically to your employment or family. It does not avoid a ban but can be used in totting up cases to persuade the court not to disqualify you. It is not available for mandatory drink driving bans, but if you have accumulated points through other offences alongside a drink driving charge, it may still be relevant to your overall position.
Q: Can I get a shorter ban if I complete a drink drive rehabilitation course?
Yes. Courts can offer a drink drive rehabilitation course as part of sentencing. Completing it successfully can reduce your ban by up to a quarter — so a 12-month ban could become 9 months. Your solicitor can advise on whether this is likely to be offered in your case.
Q: How much will a drink driving conviction affect my car insurance?
Significantly. Most insurers will increase your premiums substantially for at least 5 years following a conviction, and some will decline to cover you at all. This is an important practical consideration alongside the ban itself.
Q: I was in charge of a vehicle but not driving — am I still guilty?
Potentially yes. Being in charge of a vehicle while over the limit is a separate offence. However, there is a statutory defence available if you can show there was no likelihood of you driving while over the limit — for example if you had arranged to sleep in the vehicle overnight and had no intention of driving until the alcohol had cleared your system. This is fact-specific and requires legal advice.
Q: Do I need a solicitor for a drink driving case?
You are not legally required to have one, but it is strongly advisable. A solicitor can identify any procedural issues with the evidence, make effective mitigation submissions, advise on rehabilitation courses, and in appropriate cases make an exceptional hardship application. The difference between represented and unrepresented defendants in terms of the sentence imposed is often significant.
