The Drink & Drug Driving Offences
Driving or in charge of a vehicle with breath, blood, or urine alcohol above the prescribed limit. The most common charge.
- Breath: 35 μg per 100 ml (limit is 35; prosecution limit triggers at 36)
- Blood: 80 mg per 100 ml
- Urine: 107 mg per 100 ml
Driving or in charge while unfit through drink or drugs. Police do not need to measure your level — they prove impairment through observation (slurred speech, unsteady gait, driving behaviour). Applies where alcohol or drugs impair ability to drive properly.
Driving with a specified controlled drug above its specified blood limit. Introduced in 2015 with specific limits for 16 drugs including cannabis, cocaine, MDMA, ketamine, and prescribed medicines (e.g. clonazepam, diazepam). A medical defence applies for prescribed medicines.
You can be charged even if the engine was not running and you were sitting in a parked vehicle. The statutory defence is that there was no likelihood of driving. Sitting in a car to "sleep it off" carries real legal risk.
Penalties on Conviction
- Minimum 12-month disqualification
- Unlimited fine
- Up to 6 months' imprisonment (magistrates)
- Criminal record
- Minimum 3-year disqualification
- High risk offender (HRO) status — must pass DVLA medical before licence is restored
- Discretionary custodial sentence more likely
- Very high reading (e.g. breath above 115 μg/100ml)
- Collision, injury, or property damage
- Child passenger in the vehicle
- Driving for hire or reward
- Court may offer a 25% reduction in ban length
- Typically reduces a 12-month ban to 9 months
- Only available on a first conviction
- Completed in a set period; confirmed to DVLA
Possible Defences & Challenges
Many people assume a failed roadside test means automatic conviction. This is not the case. A specialist motoring solicitor will examine every stage of the process for errors:
Frequently Asked Questions
Is a 12-month disqualification always mandatory on conviction?
For a first conviction under s.5 or s.5A RTA 1988, yes — a minimum 12-month disqualification is mandatory under s.34 Road Traffic Offenders Act 1988. The court has no discretion once convicted. The only way to avoid a 12-month ban is to avoid conviction — either by successfully challenging the charge, or (rarely) establishing special reasons. "Special reasons" must relate to the offence itself, not personal hardship, and are very rarely established.
Can I get a shorter ban by pleading guilty?
A guilty plea earns credit on the sentence (typically one-third reduction) — but on drink driving, it only affects the length of the ban above the mandatory minimum, and any fine or custodial element. It does not reduce the minimum 12-month disqualification below 12 months. The court may offer a drink drive rehabilitation course, which reduces the ban by 25% (typically 12 months to 9 months).
What is a "high risk offender" (HRO)?
A high risk offender is someone who: was convicted with a very high reading (2.5x or more the limit), refused to provide a specimen, or was convicted of a second drink/drug drive offence within 10 years. HRO status means the DVLA will not restore your licence after the ban expires unless you pass a medical examination confirming you are not alcohol-dependent. Your solicitor can advise on the HRO threshold and medical process.
Can I drive after the ban if I need my car for work?
No. Driving while disqualified is a separate criminal offence under s.103 RTA 1988, carrying up to 6 months' imprisonment and a further disqualification. There is no "hardship" exception permitting you to drive during a disqualification. At sentencing, your solicitor can make a plea in mitigation about employment consequences to attempt to reduce the ban length above the minimum — but the minimum 12 months will still apply.
What happens if I refuse to provide a breath specimen?
Refusing to provide a specimen (breath, blood, or urine) when lawfully required is a separate offence under s.7(6) RTA 1988 — treated as seriously as a high-reading drink drive offence. The same mandatory disqualification applies. A reasonable excuse for refusal (e.g. medical reasons) must be established with evidence. Refusal at the roadside to an Alcotest or Drugalyser is a fixed penalty offence (£50, no points) — refusing at the station is far more serious.