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Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
We’re not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
Updated April 2026 · England & Wales
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
A drink driving allegation can turn your life upside down in a matter of hours. One moment you are going about your day, the next you are facing a roadside breath test, a night in a police station, and the prospect of losing your licence.
The law in this area is strict, and the courts take these matters seriously, but the process is not always as straightforward as people assume. Prescribed limits, testing procedures, and the circumstances of the stop all matter. This page walks through how the offence works under the Road Traffic Act 1988, what the prosecution has to show, the penalties a court can impose, and the arguments that sometimes succeed in defending a charge.
If you are unsure where you stand, a short conversation with an experienced legal adviser can help you get your bearings.
Overview
Drink driving is the shorthand term for driving, attempting to drive, or being in charge of a motor vehicle while the amount of alcohol in your body is above the limit set by law. In England and Wales, the limits are measured across three different samples: breath, blood and urine.
The thresholds are fixed by statute and reflect the scientific relationship between those three measurements. It is worth noting that Scotland operates lower limits, so if you drive across the border the rules change. The offence itself sits in section 5 of the Road Traffic Act 1988.
Crucially, the prosecution does not have to show that your driving was actually affected or that you were weaving across the road. The question is a technical one: were you over the limit at the relevant time? That narrow focus is what makes drink driving cases feel mechanical, but it also opens up specific technical defences where procedure has not been followed correctly.
Key steps
01
The stop and the roadside test. Officers can require a preliminary breath test if they reasonably suspect alcohol has been consumed, if a moving traffic offence has been committed, or following an accident. Failing or refusing this roadside test is itself an offence and usually leads to arrest.
02
Arrest and the evidential sample at the station. After arrest, you will normally be taken to a police station where an evidential breath test is taken on an approved machine. In some cases a blood or urine sample will be requested instead, for example where medical reasons prevent a breath sample being given.
03
Charge and bail. If the reading is above the prescribed limit, you are likely to be charged and either bailed to attend a magistrates' court or given a postal requisition. The charge sheet will set out the specific reading relied upon by the prosecution.
04
First hearing at the magistrates' court. Drink driving is dealt with in the magistrates' court. You will be asked to enter a plea. A guilty plea typically attracts credit in sentencing, but entering one before you understand the evidence and any possible defences is rarely wise.
05
Sentencing or trial. If you plead guilty or are convicted after trial, the court will move to sentence. Depending on the reading and the circumstances, outcomes can include a driving disqualification, a fine, a community order, or in more serious cases a custodial sentence. A completed drink drivers' rehabilitation course can reduce the length of a disqualification.
Common questions
QWhat are the legal alcohol limits for driving in England and Wales?
The prescribed limits are 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, and 107 milligrams per 100 millilitres of urine. These figures are set out in the Road Traffic Act 1988. Scotland applies lower limits, so if your journey takes you north of the border the threshold you need to stay under will be different.
QDoes the prosecution have to prove my driving was actually affected?
No. Under section 5 of the Road Traffic Act 1988, the offence turns on the proportion of alcohol in your breath, blood or urine, not on whether your driving was visibly impaired. That is a separate offence under section 4. This is why people are sometimes surprised to be charged when they felt completely fine behind the wheel. The reading itself is the core of the case.
QWhat does 'in charge' of a vehicle mean?
Being in charge is broader than driving. It can cover sitting in a parked car with the keys, or sleeping in the driver's seat after a night out. It is a defence to show there was no likelihood of you driving while still over the limit. Whether that defence succeeds depends on the specific facts, such as where you were, what you were doing, and where the keys were.
QWhat penalties can a court impose for drink driving?
Penalties can include a mandatory driving disqualification, a fine, a community order, or imprisonment in more serious cases. The level of the reading, any previous convictions, and aggravating factors such as an accident all feed into sentencing. Courts follow published sentencing guidelines. For current figures and bands, check gov.uk or the Sentencing Council website.
QCan a drink driving charge be defended?
Yes, in some cases. Possible arguments include challenges to the procedure at the station, problems with the calibration or operation of the evidential machine, issues with the chain of custody of a blood sample, or the statutory 'hip flask' defence where alcohol was consumed after driving ended. Every case turns on its own facts, so these arguments are not a guaranteed route out.
QWill I definitely lose my licence?
For a conviction under section 5, a disqualification of at least 12 months is the usual starting point, with longer periods for higher readings or repeat offending. The court has limited discretion to avoid disqualification where special reasons are established, but the threshold for special reasons is high and rarely met. Completing an approved rehabilitation course can reduce the length of a ban.
QWhat is the difference between failing to provide a specimen and drink driving?
Failing to provide a specimen of breath, blood or urine without a reasonable excuse is a separate offence. It is often treated as seriously as drink driving itself, on the basis that refusal prevents the police from establishing the reading. Medical reasons can sometimes amount to a reasonable excuse, but this needs to be evidenced rather than simply asserted.
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Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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