England · Drink Driving
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Legal context
Drink driving law in England is governed by the Road Traffic Act 1988, which sets the legal alcohol limit at 35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. Police have powers to conduct roadside breath tests and arrest drivers who fail or refuse. For driving or attempting to drive while over the limit, GOV.UK states that a conviction can bring a minimum 12-month disqualification, an unlimited fine and up to six months' imprisonment. The exact charge, evidence and sentencing factors matter, so obtain advice from a qualified solicitor before entering a plea.
Key legislation: Road Traffic Act 1988
At a glance
England's drink drive limit is 35mcg alcohol per 100ml breath or 80mg per 100ml blood. Police can request breath tests if they suspect alcohol consumption, after any accident, or during routine stops. Refusing without reasonable excuse is a separate offence carrying similar penalties.
The Magistrates Court must impose a minimum 12-month driving ban for drink driving unless 'special reasons' apply. Second offences within 10 years carry a 3-year minimum ban. High readings above 87.5mcg breath can result in 18-month bans or longer.
A drink driving conviction creates a criminal record that must be declared to employers and insurers. It remains on your driving licence for 11 years and can affect travel to countries like the USA, Australia and Canada which restrict entry for those with criminal convictions.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
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Common questions
The Magistrates Court must disqualify you unless 'special reasons' exist - these don't include personal hardship but might cover spiked drinks, driving a very short distance in an emergency, or being unaware alcohol was consumed. Successfully arguing special reasons requires expert legal representation as the court applies strict legal tests before exercising discretion not to disqualify.
For a first offence, expect a 12-18 month ban (longer for high readings), a fine based on your income, and prosecution costs. Readings above 87.5mcg breath risk community orders or custody. Second offences within 10 years carry minimum 3-year bans. Causing death by careless driving when over the limit moves to Crown Court with up to 14 years imprisonment.
No, a drink driving disqualification is absolute - you cannot drive for any purpose including work. The Magistrates Court cannot grant a 'work licence'. Some defendants reduce their ban by 25% by completing a drink-drive rehabilitation course, but you must wait until the ban expires before driving again. Driving whilst disqualified is a separate serious offence.
You must inform your employer if your contract requires disclosure of criminal convictions or if driving is essential to your role. Professional drivers, teachers, healthcare workers and others in regulated professions face additional consequences. The conviction appears on DBS checks and remains on your driving record for 11 years, affecting insurance costs significantly.
General information only. It may not apply to your facts, and rules or time limits can change.
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