Drink Driving Law

Free Drink Driving Legal Advice, Help and FAQ for the UK Motorist

Drink Driving
Under Section 4 of the 1988 Road Traffic Act and Section 1 of the 1991 Road Traffic Act, it is an offence to use or be in charge of a mechanically propelled vehicle on a road or public place whilst under the influence of drink or drugs.
 
Conviction will lead inevitably to a driving ban, a fine and potentially other punishments to include community service, curfew orders and in extreme cases, a prison sentence.
 
The law relating to drink driving is complicated and given the severity of any potential punishment, expert assistance should be obtained. Many road users are confused by alcohol levels, drink drive limits and what actually constitutes either driving or being in charge of a vehicle.
 
 
Drink Driving Offences/Charges
 

Driving with excess alcohol or whilst unfit

Driving or attempting to drive a motor vehicle with excess alcohol; or Driving or attempting to drive a mechanically propelled vehicle while unfit through drink or drugs ... Drink driving, drunk driving, drug driving
 

In charge with excess alcohol or whilst unfit

In charge of a motor vehicle with excess alcohol; or In charge of a mechanically propelled vehicle while unfit through drink or drugs ... Drunk in charge
 

Failing to supply breath test at the roadside

Without reasonable excuse, failing to co-operate with a preliminary test .... Failing to supply breath test at the roadside
 

Failing to provide samples of breath, blood or urine

Without reasonable excuse, failing to supply specimens of breath, blood or urine for analysis .... Legal Advice
 

Refusing to allow a sample to be analysed

Without reasonable excuse, failing to allow a specimen of blood to be subjected to a laboratory test .... Refusing to allow a sample to be analysed
 
 
Frequently Asked Questions
 

What is the drink drive limit?

In the UK the limit is 35 micrograms of alcohol in 100 millilitres of breath; or .... Drink Driving Limit
 

How does a Court/the Magistrates decide on a punishment/What are the Court guidelines?

Unless there are exceptional circumstances, the Court has to impose .... Punishments, penalties and Court guidelines
 

How long will I be banned from driving?

This depends on the nature of the offence, your past record and mitigation put forward to the Court, as well as the level of alcohol recorded .... How long will I be disqualified for?
 

Can I avoid or escape a drink driving ban?

If you successfully challenge the allegation and are not convicted, no punishment will be imposed .... Can I avoid or escape a driving disqualification
 

What are the potential defences?

Clearly, if your alcohol reading level is below the statutory limit, no offence has been committed. However, in certain circumstances .... Defences
 

What can I expect at the Court hearing? What is the procedure etc?

The hearing will normally take place just a few days after the offence so you need to use the time available to prepare properly .... Defences
 

Can the Police carry out random breath tests?

The Police only have to show that they reasonably suspect a moving traffic offence or the consumption of alcohol or drugs. Consequently .... Can the Police carry out random breath tests?
 

What if I couldn’t provide a specimen of breath at the roadside as I suffer from asthma?

There is a potential defence of "reasonable excuse" if it can be shown that the Defendant did attempt to co-operate but was incapable of supplying a breath sample .... Roadside breath test
 

What is attempting to drive?

Attempting to drive can include any effort to use a vehicle regardless of whether it is successful. It is established law that .... Attempting to Drive
 

What does being in charge mean?

There is no legal definition for the term "in charge" so each case will depend on its exact circumstances and facts .... Being in Charge
 
Show me all FAQs .... Frequently Asked Questions / FAQ
 
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Related Topics Related Topics

Drink driving limit

Maximum penalties & fines

Drink driving ban

Potential defences

The court hearing

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Drink Drive Offences Drink Drive Offences
Drink & drug driving
Driving above the limit
In charge whilst unfit
In charge excess alcohol
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Failing to provide specimen
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