Most learners know that drinking and driving is dangerous, but fewer know exactly what the law says. Understanding the legal definition helps you make safe choices before you ever get behind the wheel, and it is a topic that comes up in the theory test and in everyday driving.
This guide explains the drink driving law in England, using official GOV.UK guidance. It is general information, not legal advice.
Quick answer: in England it is a criminal offence to drive, attempt to drive or be in charge of a motor vehicle on a road or in a public place after drinking so much alcohol that the amount in your breath, blood or urine is over the legal limit, or when you are unfit to drive through drink. The limits are 35 microgrammes of alcohol per 100 millilitres of breath, 80 milligrammes per 100 millilitres of blood and 107 milligrammes per 100 millilitres of urine.
What the law says
Drink driving is not one single offence. Under the Road Traffic Act 1988 and the penalties set out by GOV.UK, you can commit an offence in several ways:
- Driving, or attempting to drive, over the limit: you drive or try to drive after drinking so much alcohol that the proportion in your breath, blood or urine is above the prescribed limit.
- Driving or attempting to drive while unfit through drink: you can be guilty even if a test would not show you over the limit, if your driving ability is impaired by alcohol (section 4).
- Being in charge of a vehicle while over the limit or unfit through drink: you do not need to be driving for this to apply.
- Refusing to provide a specimen: refusing to give a sample of breath, blood or urine for analysis, without a reasonable excuse, is also an offence.
The offences apply on a road or in another public place, such as a car park open to the public.
The legal alcohol limits
The drink drive limit in England, Wales and Northern Ireland is:
| Sample | Legal limit in England |
|---|---|
| Breath | 35 microgrammes of alcohol per 100 millilitres |
| Blood | 80 milligrammes of alcohol per 100 millilitres |
| Urine | 107 milligrammes of alcohol per 100 millilitres |
Scotland has lower limits, so if you drive there, check the rules for that country before you travel. This guide focuses on England.
Why there is no safe number of drinks
Many people ask how many drinks they can have and still drive. GOV.UK says it is impossible to say exactly how many drinks the limit equals, because it is different for each person. The way alcohol affects you depends on:
- Your weight, age, sex and metabolism (the rate your body uses energy)
- The type and amount of alcohol you are drinking
- What you have eaten recently
- Your stress levels at the time
The government’s THINK! campaign says that if you are driving, it is better to have none for the road. Alcohol also slows your reactions, which lengthens your thinking distance. Our guide to stopping distances explains why that matters.
Instructor tip: plan how you will get home before you go out, whether that is a lift, a taxi, public transport or an agreed non-drinking driver. Deciding in advance is much easier than deciding after a drink.
Driving, attempting to drive and being in charge
You do not have to be moving to be caught by the law. Attempting to drive and being in charge of a vehicle are separate offences from driving itself. Under the Act, there is a defence for being in charge if you can prove that the circumstances were such that there was no likelihood of you driving while over the limit. Whether that applies in a particular case is for the court to decide, so it is not something to rely on.
What happens if the police stop you
According to GOV.UK, the police can ask you to take a breath test if they think you have been drinking, you have committed a traffic offence or you have been involved in a road traffic accident. Then:
- The roadside breath test gives a result straight away.
- If you fail it, you are taken to a police station and given a final breath test. If that is positive, you will be charged.
- If you refuse a breath test, or fail to give a sample without a reasonable excuse, you can be arrested. A genuine physical or mental condition that stops you giving a sample can be a reasonable excuse.
- If the officer thinks you are under the influence of alcohol or drugs, they can ask you to do a physical test, such as walking in a straight line, and you can be arrested if you fail it.
Penalties for drink driving
The actual penalty is decided by the magistrates who hear the case and depends on the offence. GOV.UK lists the possible penalties as follows:
| Offence | You may get |
|---|---|
| Being in charge of a vehicle while above the limit or unfit through drink | Up to 3 months’ imprisonment, a fine of up to £2,500 and a possible driving ban |
| Driving or attempting to drive while above the limit or unfit through drink | Up to 6 months’ imprisonment, an unlimited fine and a ban of at least 1 year (3 years if convicted twice in 10 years) |
| Refusing to provide a specimen of breath, blood or urine | Up to 6 months’ imprisonment, an unlimited fine and a ban of at least 1 year (3 years if convicted twice in 10 years) |
| Causing death by careless driving when under the influence of drink | Up to life imprisonment, an unlimited fine, a ban of at least 5 years and an extended driving test before your licence is returned |
A conviction can also mean much higher car insurance costs, your employer seeing the conviction on your licence if you drive for work, and difficulty travelling to some countries, such as the USA.
Getting your licence back
If you are banned for 12 months or more, the court may offer a drink-drive rehabilitation course. The course can cost up to £250, the ban is usually reduced by a quarter if you complete it in time, and you must decide in court whether to take it, as you cannot change your mind later.
Some people are classed as high risk offenders. This includes anyone convicted of two drink driving offences within 10 years, anyone who refused to give a sample, and anyone with a reading of at least 87.5 microgrammes per 100 millilitres of breath, 200 milligrammes per 100 millilitres of blood or 267.5 milligrammes per 100 millilitres of urine. A high risk offender does not get their licence back until they pass a medical examination with a DVLA-appointed doctor, which they must pay for.
What this means for learner and new drivers
The drink driving law applies to everyone who drives, including learners practising on a provisional licence. There is no separate, softer rule for learner drivers.
New drivers also face an extra risk. Under the new drivers rules, your licence is cancelled if you reach 6 or more penalty points within 2 years of passing your test, and you would have to apply for a new provisional licence and pass both the theory and practical tests again. Penalty points already on a provisional licence are carried over when you pass.
Good habits start while you are learning. Do not practise after drinking, and if you are helping someone learn, the same advice applies to you. If you are looking for calm, structured automatic driving lessons where road safety is part of everything you learn, you are welcome to get in touch.
Frequently asked questions
Is there a number of drinks that is safe before driving?
No. GOV.UK says it is impossible to say exactly how many drinks the limit equals, because it differs from person to person. The safest choice is not to drink if you are driving.
Do learner drivers have a lower limit?
The limits in England are the same for all drivers, including learners. GOV.UK does not set a separate limit for learner drivers.
Is the drink driving limit the same in Scotland?
No. Scotland has lower limits: 22 microgrammes per 100 millilitres of breath, 50 milligrammes per 100 millilitres of blood and 67 milligrammes per 100 millilitres of urine.
Can I be convicted even if I am under the limit?
Yes. Driving while unfit through drink is a separate offence, so impaired driving can lead to a conviction even if a test does not show you over the limit.
Can a drink driving ban be shortened?
If your ban is 12 months or more, the court may offer a rehabilitation course that usually reduces the ban by a quarter. It is up to the court to offer this.
What about drug driving?
Drugs have their own rules. See the GOV.UK guide to drugs and driving: the law.
Quick checklist
- Remember that the limits are 35 / 80 / 107 for breath, blood and urine in England
- Do not guess how many drinks are safe; it differs for everyone
- Plan your journey home before you go out
- Never drive, attempt to drive or sit in charge of a vehicle after drinking
- Check the rules for the country you are driving in
Learn with AK Automatic Driving School
AK Automatic Driving School is run by a DVSA Approved Driving Instructor offering one-to-one automatic driving lessons in Brighton and Hove, Burgess Hill and Lancing, with Portslade and Shoreham-by-Sea also covered. See the pricing page for lesson costs, or send an enquiry to talk through what you need. You can also explore our automatic driving lessons on our main website.