If you have been stopped by police after drinking, you may be asking yourself: is drink driving a criminal offence? The short answer is yes. Under English and Welsh law, drink driving is a serious criminal matter, not a motoring technicality.
McArthur Solicitors regularly represent clients across London and England who are facing drink driving charges, and the consequences are far-reaching. Understanding your legal position from the outset gives you the best chance of protecting your future.
What Makes Drink Driving a Criminal Offence?
Drink driving is a criminal offence under section 5(1)(a) of the Road Traffic Act 1988 which prohibits any person from driving or attempting to drive a motor vehicle on a road or public place while the proportion of alcohol in their breath, blood, or urine exceeds the prescribed limit. The offence is strict in nature, which means the prosecution does not need to prove you were visibly impaired. They only need to show that your alcohol reading exceeded the threshold at the time you were stopped.
Because it is a criminal matter, a charge leads directly to a court appearance. If you are found guilty, you will receive a criminal record that can affect employment, professional licensing, and your ability to travel abroad. Convictions for motoring offences stay visible to insurers and certain employers for years. This is why specialist legal advice matters from day one.
One detail that surprises many clients is how easily the morning after becomes an issue. Alcohol remains in your system longer than most people expect, and factors such as body weight, age, and food intake all influence how quickly it clears. Drivers who believe they are sober the next day can still find themselves over the limit when stopped at a roadside check.
The Legal Alcohol Limit in England and Wales
A common question people ask before contacting a solicitor is: what is the legal alcohol limit for drivers in England and Wales? The limits depend on the type of specimen used to measure alcohol concentration:
| Specimen Type | Legal Limit | Unit |
| Breath | 35 micrograms | per 100 millilitres of breath |
| Blood | 80 milligrams | per 100 millilitres of blood |
| Urine | 107 milligrams | per 100 millilitres of urine |
It is worth noting that Scotland applies stricter thresholds. Scottish drivers face a breath limit of 22 micrograms and a blood limit of 50 milligrams per 100 millilitres of blood.
A police officer who suspects alcohol consumption may ask you to take a preliminary breath alcohol test at the roadside. If that test is positive, you will be taken to a police station for a further evidential test using either breath, a blood sample, or a urine sample. Refusing to provide a specimen without a reasonable excuse is itself an offence, carrying its own separate penalties.
Is Drink Driving a Criminal Offence Even If You Were Not Driving?
Yes. Many people do not realise that being in charge of a vehicle while over the limit is also a criminal offence, separate from the act of driving. So if you are asking whether is drink driving a criminal offence even when a car is stationary, the law still applies. This can include:
- Sitting in a parked vehicle
- Being in possession of keys
- Waiting inside a vehicle after drinking
The legislation distinguishes between two offences: driving or attempting to drive with excess alcohol (code DR10), and being in charge of a vehicle while over the limit (code DR40).
The penalties for each differ significantly. A DR40 offence can result in a driving ban, an unlimited fine, and up to three months in custody. A DR10 offence carries a mandatory driving disqualification of at least 12 months, an unlimited fine, and up to six months in prison for a first offence.
Speak to our team today. Early legal advice can influence the outcome significantly, whether that means challenging the charge or mitigating the sentence.
Drink Driving Penalties: What You Could Face
Understanding the drink driving penalties before your court date helps you prepare properly. The magistrates court has a range of sentencing options available, and the actual outcome depends on your alcohol reading, the circumstances of the alleged offence, and any aggravating or mitigating factors.
For a first offence, a mandatory driving ban of at least 12 months applies, alongside a fine that can be unlimited depending on your income and the severity of the offence. In more serious cases, a custodial sentence of up to six months is possible. An endorsement also remains on your driving licence for 11 years from the date of conviction, which is visible to insurers throughout that period.
If death results from careless driving while over the limit, the penalties increase sharply. Courts can impose sentences of up to 14 years imprisonment in those cases, and if the charge is causing death by dangerous driving under the influence, the potential sentence rises to life imprisonment.
High-risk offenders, defined as those with particularly elevated alcohol readings or previous convictions, must pass a medical examination before their licence is reinstated. This can substantially extend the period during which you are unable to drive.
The Long-Term Impact of a Conviction
A drink driving conviction carries consequences that continue long after the driving ban ends. The DR10 endorsement code remains on your licence and is visible to insurers for 11 years from the date of conviction. Car insurance premiums typically rise substantially in the years that follow, and some insurers may refuse to offer cover altogether. For many people, the financial impact of higher insurance costs outlasts the original driving ban by several years.
A conviction for a motoring offence can also affect your career. Many employers request disclosure of convictions during recruitment, and certain regulated professions require notification of any criminal proceedings. Internationally, a conviction may prevent you from entering certain countries. The United States, for example, can refuse entry to individuals with alcohol-related offences on their record.
Mitigating Factors and Reducing Your Sentence
Even if mitigating factors can still influence the sentence the court imposes. These may include acting as sole or primary carer for dependants, a genuine emergency that prompted the decision to drive, a medical condition that affected your judgement, or a low alcohol reading close to the threshold. Courts look at the full picture, not just the charge.
Courts may also offer the Drink-Drive Rehabilitation Scheme (DDRS) in appropriate cases. Completing the course successfully can reduce a driving ban by up to 25%. Your solicitor can advise whether you are likely to be considered for the scheme and how to present your case to give you the best chance.
Our team has extensive experience representing defendants across all levels of road traffic proceedings in London and throughout England. We know how to present mitigating evidence in a way that courts engage with.
Talk to our team today. We will advise you on your options, explain the process clearly, and work to achieve the best possible outcome for your circumstances.
Can a Drink Driving Charge Be Defended?
Yes. A drink driving charge can sometimes be successfully defended, but the strength of any defence depends on the evidence, the police procedure followed, and the specific circumstances of the alleged offence.
Many drink driving cases involve highly technical legal and evidential issues. In some situations, weaknesses in the prosecution case can result in charges being withdrawn, reduced, or successfully challenged at trial.
Potential defence arguments may include:
- Challenging the reliability of the roadside breath test device
- Procedural errors during arrest or evidential testing
- Incorrect handling or storage of blood or urine samples
- Disputes over prosecution “back calculations”
- Insufficient evidence that you were driving or in charge of the vehicle
- Failures by police to follow proper legal procedures
- Problems with continuity or disclosure of evidence
- Duress of circumstances – for example, needing to drive in an emergency situation
Certain medical conditions or personal circumstances may also provide a defence or amount to a special reason argument.
Examples can include:
- A medical condition preventing the provision of a specimen
- Mental health conditions affecting capacity or understanding
- Gastrointestinal conditions affecting breath test readings
- Emergency situations requiring the person to drive
- Spiked drinks or unexpected intoxication in limited circumstances
In these cases, expert medical evidence is often essential to support the defence.
What Happens After a Drink Driving Arrest?
Following a positive roadside breath test, you will be taken to a police station where a further evidential test is conducted. This may involve a breath test on a calibrated device, or a request for a blood sample or urine sample if there are medical reasons that prevent a breath test. Once testing is complete, you will either be charged at the station or released under investigation while the Crown Prosecution Service reviews the case.
If charged, you will receive a date to attend the magistrates court. At that hearing you enter a plea. A guilty plea moves the case directly to sentencing. A not guilty plea leads to a trial where the prosecution must prove the case against you. Throughout this process, having specialist legal representation protects your position and ensures that all available defences or mitigating factors are properly put before the court.
Our practice covers a broad range of serious criminal matters alongside motoring offences. You can read more about how we handle domestic allegations and drug offences across London and England.
Speak to a Specialist Drink Driving Solicitor
A drink driving conviction can affect your licence, your career, your insurance, and in serious cases your liberty. If you are under investigation, have been arrested, or are already facing a charge, getting the right advice at the earliest stage makes a real difference. Our motoring offence team provides expert representation across all drink driving matters in London and throughout England and Wales.
We represent every client without judgement, explain the process in plain English, and focus on achieving the strongest possible result. Whether you are facing a first offence or a more serious charge, we are here to help.
Contact us today for a confidential discussion about your case and to find out more about the full range of criminal defence services we provide across London and England.
