Drink-Driving Offences

FAQs

What is the penalty for drink-driving?

Drink-driving is considered a serious offence. If you are found guilty of attempting to drive or driving while over the legal limit or unfit through drink, you may face:

Up to 6 months imprisonment
an unlimited fine,
a driving ban of at least 1 year.

If convicted twice in 10 years, you could be disqualified from driving for 3 years. The court decides the specific penalty, and it depends on the nature of the offence.

If the police suspect you have been driving while under the influence of alcohol, they may ask you to take a breath test. If you fail this test, you will be arrested, taken to the police station and required to take two further breath tests for analysis. If there is a medical reason why you cannot provide a specimen of breath, the police officer will require you to give a urine or blood sample.

Can I refuse to give a breath, blood or urine sample?

If you refuse to give a sample of your breath, blood or urine when requested by the police, you will be treated as having 'failed' the test and guilty of an offence. If you refuse, you may face 6 months imprisonment, an unlimited fine and a driving ban for at least 1 year.

I was over the limit, but I wasn't driving. Why was I charged?

If the police suspect that you were in charge, or had control, of a vehicle while over the legal limit or unfit through drink, you might still be guilty of an offence. Although not as serious as drink-driving, if you are found guilty of being in charge of a vehicle while over the limit, you may face:

Up to 3 months imprisonment
A fine up to £2,500
A possible driving ban

How can I reduce the length of my driving ban?

It may be possible for you to reduce your driving ban by taking part in a drink-drive rehabilitation scheme. The decision about whether you are offered this scheme is made by the magistrate who hears your case.