Wales · Drink Driving
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Legal context
Drink driving law in Wales operates under the Road Traffic Act 1988, with the same legal alcohol limit as England: 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. The Crown Prosecution Service (CPS) prosecutes these offences in Wales, with cases typically heard in the Magistrates' Court. Penalties range from a minimum 12-month driving ban for first offences to potential imprisonment for repeat or serious offences. Under the Welsh Language (Wales) Measure 2011, you have the right to use Welsh in all court proceedings, and many solicitors in Wales offer Welsh-language legal services to ensure you can fully participate in your defence.
Key legislation: Road Traffic Act 1988
At a glance
The drink driving limit in Wales is 35 micrograms of alcohol per 100ml of breath. Police can conduct roadside breath tests if they suspect you've been drinking, and refusing a test is a separate offence carrying similar penalties to drink driving itself.
Your case will be heard in the Magistrates' Court, with the option to conduct all proceedings in Welsh under the Welsh Language (Wales) Measure 2011. The CPS will prosecute, and you'll need expert legal representation to navigate potential defences and mitigation.
Driving or attempting to drive while over the limit can lead to at least a 12-month ban, an unlimited fine and up to six months' imprisonment. Being in charge of a vehicle while over the limit is a different offence with different maximum penalties. The sentence depends on the offence and facts.
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.
Call Jen free, 24/7, to understand terminology, typical process and official routes. The conversation is with AI, not a solicitor.
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Common questions
You'll be arrested and taken to a police station for an evidential breath, blood or urine test. If over the limit, you'll be charged and bailed to appear at the Magistrates' Court. The CPS will prosecute your case, and you face a minimum 12-month driving ban plus fines. You have the right to conduct all proceedings in Welsh if you prefer.
A driving ban is mandatory for drink driving convictions, but you may argue 'special reasons' not to disqualify if circumstances were genuinely exceptional. Examples might include driving in a medical emergency or unknowingly consuming alcohol. The Magistrates' Court has discretion but will need compelling evidence. Expert legal representation is essential for these complex arguments.
The legal limit in Wales is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. This is the same as England but higher than Scotland's limit of 22 micrograms. Even small amounts of alcohol can put you over the limit.
The minimum disqualification is 12 months for a first offence, rising to 3 years for a second offence within 10 years. Higher alcohol readings or dangerous driving can increase the ban length. You may reduce the ban by up to 25% by completing a drink-drive rehabilitation course approved by the court.
Challenging breathalyser evidence requires expert legal knowledge and often technical evidence. Potential defences include procedural errors, machine calibration issues, or medical conditions affecting readings. The CPS must prove the device was working correctly and proper procedures were followed. A specialist solicitor can examine the evidence and identify potential challenges to the prosecution's case.
Yes, drink driving is a criminal offence that will appear on your criminal record and must be declared to employers if asked. It will show on basic DBS checks for 5 years (until 'spent' under the Rehabilitation of Offenders Act 1974) and indefinitely on standard or enhanced checks. This can affect employment, insurance, and travel to certain countries.
No, a driving disqualification applies across the entire UK. If you're banned by any court in England and Wales, Scotland, or Northern Ireland, you cannot legally drive anywhere in the UK. Driving while disqualified is a serious offence that can result in imprisonment and will extend your ban period when caught.
General information only. It may not apply to your facts, and rules or time limits can change.
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