Drink Driving Penalties

DrivingEngland, Wales & ScotlandLast reviewed: 1 April 20256 min

Drink driving is one of the most serious road traffic offences in the UK. Conviction brings mandatory disqualification, a criminal record, and potentially imprisonment. Understanding the legal limits and the consequences of a positive test is essential.

Important

This is general guidance only. Road traffic law, DVLA requirements, and penalty notices can change — always check the current GOV.UK guidance or seek legal advice for your specific situation before making decisions.

Key points

  • The legal drink driving limit in England and Wales is 35 micrograms of alcohol per 100ml of breath, 80mg per 100ml of blood, or 107mg per 100ml of urine.
  • Scotland has a lower limit of 22mcg per 100ml of breath.
  • Conviction for drink driving carries a mandatory minimum 12-month disqualification, an unlimited fine, and up to 6 months in prison.
  • The High Risk Offender (HRO) scheme applies to the most serious cases — HROs must pass a medical examination before their licence is returned.
  • Drug driving is treated similarly to drink driving and carries the same mandatory ban.

Penalties for Drink Driving

The penalties for drink driving depend on the level of alcohol detected and whether it is a first or repeat offence:

  • In charge of a vehicle while over the limit: Up to 3 months' imprisonment, £2,500 fine, and 10 points (or disqualification at the court's discretion).
  • Driving or attempting to drive while over the limit (first offence): Mandatory minimum 12-month disqualification, unlimited fine, up to 6 months' imprisonment.
  • Repeat offence within 10 years: Mandatory minimum 3-year disqualification.
  • Causing death by careless driving while under the influence: Up to 14 years' imprisonment, unlimited fine, and minimum 2-year disqualification with compulsory extended re-test.

A drink driving conviction results in a criminal record (unless dealt with as a conditional caution), which can affect employment, travel to certain countries (including the USA), and insurance premiums for years.

The High Risk Offender Scheme

The High Risk Offender (HRO) scheme applies to drivers who:

  • Were convicted with a breath reading of 87.5mcg or more (2.5 times the limit)
  • Refused to provide a specimen for testing
  • Have two drink driving convictions within 10 years

HROs are flagged on the DVLA database. At the end of their disqualification period, they cannot simply renew their licence — they must apply to DVLA and undergo a medical examination by a DVLA-appointed medical practitioner to prove they do not have an alcohol dependency problem. DVLA will not return the licence until satisfied the driver is medically fit. This process can take months and may involve blood tests and specialist assessment.

Drug Driving

Since 2015, it has been a specific offence in England and Wales to drive with certain controlled drugs above specified blood limits, even if your driving is not impaired. The limits are set at levels that generally only exceed the threshold if you have taken an illegal quantity of the drug:

  • Illegal drugs: cannabis, cocaine, heroin, ecstasy, and others have specified limits (e.g., cannabis: 2mcg/L blood)
  • Prescription drugs: medicines such as diazepam, clonazepam, and morphine have higher specified limits to accommodate therapeutic use

Drug driving carries the same penalties as drink driving: mandatory 12-month ban, unlimited fine, up to 6 months' imprisonment. If you take prescribed medication that may impair driving, seek medical advice and check whether you are covered under the medical defence provision.

Frequently asked questions

Can I refuse to take a breathalyser test?
Refusing to provide a breath test at the roadside (a screening test) when required by a police officer is an offence, carrying a fine and possible arrest. Refusing to provide an evidential specimen (at the police station) is a much more serious offence, carrying the same penalties as drink driving itself — including mandatory disqualification. You have the right to ask for a blood or urine test instead of the breath test in limited circumstances.
Will a drink driving ban affect my car insurance?
Yes, significantly. After a drink driving ban you must declare the conviction to all insurers for 11 years (DR10 and related endorsements remain on the licence for 11 years). Premiums will increase substantially — often doubling or more in the first few years. Some mainstream insurers will not cover drink driving convictions at all, requiring specialist convicted driver insurance.
I am on prescribed medication — could I accidentally commit a drug driving offence?
Possibly, if your prescribed medication includes drugs on the specified list (e.g., diazepam, morphine, methadone). There is a "medical defence" — if you were taking the drug in accordance with a medical prescription and your driving was not impaired, you may avoid conviction. However, always seek medical advice about whether your medication affects your ability to drive, and carry your prescription when driving.
Can I get my disqualification reduced after a drink driving conviction?
Yes. Courts can reduce a disqualification by up to 25% if you complete an approved Drink Drive Rehabilitation Course (DDRC). The offer must be made by the court at sentencing — you cannot apply for it afterwards. The course typically costs £150–£250 and takes about 16 hours. Successful completion of the course also demonstrates rehabilitation which may help with insurance and employment.

What to do next

  1. 1
    Drink driving law — GOV.UK

    Official guidance on limits, penalties, and enforcement.

  2. 2
    Find an approved Drink Drive Rehabilitation Course

    Reduce your disqualification by completing an approved course.

  3. 3
    Penalty points and disqualification

    How points and totting-up work alongside drink driving bans.

  4. 4
    Driving and medical conditions

    DVLA medical fitness requirements including alcohol dependency.

Official bodies and resources

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Visit website0800 144 8848

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.