Drink driving, failing to provide and drug driving
Driving or attempting to drive over the alcohol limit (Road Traffic Act 1988 s.5) carries a mandatory ban of at least 12 months, or 3 years for a second offence within 10 years. Failing to provide a specimen when driving carries the same ban; being in charge carries 10 points or a discretionary ban.
The offences
- Driving or attempting to drive with excess alcohol (Road Traffic Act 1988 s.5(1)(a)).
- Being in charge of a vehicle with excess alcohol (s.5(1)(b)). It is a defence to prove there was no likelihood of driving while over the limit (s.5(2)).
- Failing to provide a specimen for analysis without reasonable excuse (s.7(6)), for example refusing or failing to provide sufficient breath. A medical reason backed by evidence may be a reasonable excuse.
- Driving with a specified controlled drug above the limit (s.5A), and driving or being in charge while unfit through drink or drugs (s.4).
The limits in England and Wales
35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine (s.11). Drug-driving limits are set by regulations. The Government consulted in 2026 on lowering the alcohol limit, but no change had been made as at November 2026. There is no right to replace a breath reading with a blood or urine test.
Penalties
These are summary offences, tried in the magistrates' court. For driving or attempting to drive, including failing to provide when driving:
- Mandatory disqualification for at least 12 months (Road Traffic Offenders Act 1988 s.34), or at least 3 years if the driver has a similar conviction within the previous 10 years.
- A fine, community order or up to 6 months' imprisonment, depending on the reading and aggravating features. For convictions from 22 March 2026, a prison term of 12 months or less must usually be suspended.
- Where the ban is 12 months or more, the court may offer a drink-drive rehabilitation course, which reduces the ban by up to a quarter if completed (s.34A).
Being in charge, or failing to provide while in charge, carries up to 3 months' imprisonment and 10 penalty points or a discretionary ban.
High risk offenders (a reading of at least 87.5 breath, 200 blood or 267.5 urine, a failure to provide, or two offences within 10 years) must pass a DVLA medical before getting their licence back.
Special reasons
A court can decline to disqualify, or shorten the ban, only for special reasons relating to the offence rather than the offender, such as an unknowingly spiked drink, a very short distance driven or a genuine emergency. They must be proved by evidence; hardship from losing a licence is not a special reason.
In practice
The police must follow the statutory procedure for specimens. Early advice matters, especially where the reading is close to the limit or the driving is disputed.
Authorities: Road Traffic Act 1988 ss.4, 5, 5A, 7, 8, 11; Road Traffic Offenders Act 1988 ss.34, 34A and Sch.2; Drug Driving (Specified Limits) (England and Wales) Regulations 2014; Deregulation Act 2015 Sch.11; Motor Vehicles (Driving Licences) Regulations 1999 reg.74; Sentencing Act 2026 s.1 (presumption of suspended sentence, in force 22 March 2026); Sentencing Council, Excess alcohol (drive/attempt to drive) and Fail to provide specimen guidelines; DVLA, Disqualification for drink-driving (gov.uk)