Drink and Drug Driving: Know the Laws and Limits this Christmas

There have been many changes to driving laws this year, with various elements of the Highway Code being tightened up, but recent research suggests that some drivers may not know what the legal drink drive limit is and how long after drinking it’s safe to drive again.

The Christmas and New Year period is a prime time for the police to be on the watch for drink drivers, so it’s crucial to be aware of the penalties that you could face if you’re caught drink driving and how to stay on the right side of the law when you’re behind the wheel this month.

How much can you drink and legally drive in England?

The reality is driving under the influence of alcohol is risky no matter what the quantities are, because it’s impossible to work out how many units are ‘safe’ to drink. That’s because it differs from person to person, depending on factors such as weight, age, how much you’ve eaten, whether you’re stressed and so on. Your own tolerance level might even differ from one day to the next.

Despite many high-profile campaigns about drink driving in the last 20 years or more, research suggests there are drivers who are still not sure what the limits are, or how to tell if they’re over those limits.

An experiment in 2021, by the RAC found that more than half of drivers didn’t know they were over the limit after drinking beer and/or wine – with more than 53% thinking they were safe to drive, when they were actually over the limit.

The legal drink drive limit in England is

• 80mg of alcohol per 100 millilitres of blood
• 35mg per 100ml of breath, or
• 107mg per 100 ml of urine.

In Scotland, the rules are even tighter at

• 50mg of alcohol per 100 millilitres of blood
• 22mg per 100ml of breath
• 67mg per 100 ml of urine

While alcohol is commonly referred to in units and may be measured as such on labels – one unit being the equivalent to 10ml of pure alcohol – there isn’t a unit version of the drink drive limit. That’s because it’s impossible to convert with accuracy the number of drinks someone could safely consume before being over the limit.

It depends on many factors, such as the strength of the drink – one glass of wine being more units than a pint of beer for example – and also varies from person to person.

Very generally, two pints of beer or two small glasses of wine is enough to put someone over the limit – but because of all the variables, this should not be relied on. It’s important to know the limits to make sure you’re not unknowingly over the limit during your festive celebrations.

How long after drinking can you drive?

It’s generally accepted that the average adult can process one unit (10ml) of alcohol every hour, but for all the reasons stated above, this can vary significantly from one person to the next, and depending on the size and strength of the drink. One large glass of wine could still be in the blood more than four hours later.

Even if you’ve slept and feel awake and alert, you might still be over the limit in the eyes of the law. There’s no way to speed up the process of removing alcohol from your system, irrelevant of how many cups of coffee or water you drink, or how much greasy food you eat.

If you know you need to drive the following morning, the best thing to do is avoid alcohol altogether the night before, or make alternative travel arrangements to avoid getting caught out.

Is drink driving a criminal offence?

Drink driving is a criminal offence under Section 5 of the Road Traffic Act (1988) if you’re found to be driving with above the legal limits of alcohol, or legal or illegal drugs, in the system.

Those convicted of drink driving face an unlimited fine and/or 6 months imprisonment and a driving ban. In more serious cases, this can increase to more than six months in prison, and a longer driving ban. Death by careless driving while under the influence of alcohol carries a prison sentence of up to 14 years.

And the consequences can be life-changing, extending way beyond a prison sentence or driving ban. A drink driving conviction can cause someone to lose their job and make it difficult to get a new one. Insurance will be higher and travelling abroad can be harder due to the resulting criminal record. The consequences if there was a death or injury don’t even bear thinking about.

Fortunately, most people will agree that it’s not worth taking the risk at all. If you’re partying this Christmas or New Year, make sure you appoint a designated driver, book a taxi, or sleepover. And if you are driving, even if it’s the next morning, the safest thing to do is avoid alcohol altogether. It’s just not worth facing all these consequences for one or two drinks.

How can Alsters Kelley help?

If you or anyone you know needs any help regarding a drink or drug driving offence, our Motoring Offences team is well equipped to defend your rights. We have expert knowledge of the Criminal Justice System and work with experienced and specialist barristers. We also have a great reputation for representing people at Police Stations, Magistrates Courts, Crown Courts and Appeal Courts.

Our motoring offences specialist lawyer, Jas Thiara, is here to help and can be contacted direct on 0247 771 0244, mobile 07730312206 or email jas.thiara@alsterskelley.com.