Drink Driving Penalties

In England and Wales, the legal limits for alcohol when driving are:

• Breath: 35 micrograms (mcg) per 100ml
• Blood: 80 milligrams (mg) per 100ml
• Urine: 107 milligrams (mg) per 100ml

In Scotland, the limits are lower:

• Breath: 22 micrograms per 100ml
• Blood: 50 milligrams per 100ml
• Urine: 67 milligrams per 100ml

There is no "safe" amount of alcohol to drink before driving — individual metabolism varies significantly. The safest approach is not to drink any alcohol if you are going to drive. "Morning after" drink driving (driving the day after heavy drinking) is a common cause of positive tests.

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 (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.

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.

The Drink Drive Rehabilitation Scheme (DDRS) is a court-ordered programme that can reduce a drink driving disqualification by up to one quarter. It is one of the most significant steps a convicted drink driver can take — both to shorten the ban and to demonstrate rehabilitation to insurers and employers.

How the reduction works

Under section 34A of the Road Traffic Offenders Act 1988, when a court imposes a disqualification for a drink or drug driving offence, it may (and usually should) offer the driver the option to attend an approved rehabilitation course. If you complete the course satisfactorily, the court reduces your disqualification by up to 25%. For a 12-month ban, that is up to 3 months off — meaning you regain your licence after 9 months.

The reduction is applied at the back end of the disqualification: if your ban is 12 months and you complete the course, DVLA will return your licence 3 months early. The court states the "reduced period" at sentencing, contingent on successful completion.

Key conditions

• Court offer only: The course must be offered by the court at sentencing. You cannot apply for the reduction afterwards. If the sentencing magistrates do not offer it, ask your solicitor to raise it before the sentence is finalised.
• Course cost: Typically £150–£250, paid by you directly to the approved course provider. This is not covered by legal aid. The cost is worth it — weighing 3 months of recovered driving against the course fee is straightforward for most working drivers.
• Completion requirement: You must complete the full course satisfactorily. Partial attendance or failure to complete means the reduction is lost and the full disqualification period applies. Providers notify the court of completion (or non-completion) near the end of the ban period.
• Timing: The course must generally be completed well before the end of the reduced period to allow time for the court notification. Book promptly after sentencing — do not leave it until the last few months of the ban.

What the course involves

Approved courses (run by providers accredited by the Department for Transport) typically involve around 16 hours of group sessions spread over multiple days or evenings. The content covers:

• The effects of alcohol on driving ability and reaction times
• Personal drink-driving history and risk factors
• Strategies to avoid re-offending
• The impact on victims and the wider community

There is no exam. Attendance and engagement are assessed. The course is educational in character, not punitive, and many participants find it valuable in understanding their behaviour.

High Risk Offenders and the course

HRO-flagged drivers (those who refused a specimen, had an extremely high reading of 87.5mcg/L breath or above, or have two drink driving convictions within 10 years) must complete a DVLA medical examination before their licence is returned — regardless of whether they completed the rehabilitation course. For HROs, the course can still shorten the disqualification period, but the medical clearance is an additional step that operates in parallel.

Effect on insurance

Completing the course is viewed positively by specialist convicted driver insurers — it demonstrates active rehabilitation. While it does not remove the DR10 (or related) endorsement from the licence (which remains for 11 years), some insurers offer marginally better terms to drivers who have completed approved rehabilitation. Always disclose the conviction honestly on renewal.