Drink-driving laws UK: legal units, plus fines and licence bans

Newly released data shows that almost one
in five motorists convicted of being over limit are caught the
morning after

In Depth

And a third of all breath tests are carried out the morning
after, according to data released in the run-up to Britain’s
annual police campaign to crack down on drink-driving during the
boozy summer months.

More than 36,000 drivers were breath-tested in June 2017,
the latest summer figures available, reports Auto Express. That monthly total is more
than 50% higher than the average of 23,840.

Of the drivers tested that June, 3,275 were found to be
over the legal limit.

All UK motorists have been warned to expect increased roadside
checks in the coming weeks, as the authorities take action to
tackle the rising number of road deaths, says the i news site.  

Figures from the Department of Transport show that the 290
people were killed in accidents where the driver was over the legal
limit in 2017, up from 200 in 2015 and the highest death toll since
2009. 

Hunter Abbott, head of breathalyser firm AlcoSense
Laboratories, says that police forces “always focus on June
as, statistically, it’s a drink-drive hotspot”.

“With warmer weather, sporting events and barbecues, June
is a month when motorists are more likely to unintentionally
drink-drive the morning after socialising, posing a risk to
themselves and other road users,” he added.

How much alcohol can you drink and legally
drive?

The RAC reports that the legal limit in
England, Wales and Northern Ireland is calculated in the following
ways:

• 80 milligrams of alcohol per 100 millilitres of
  blood
• 35 micrograms per 100 millilitres of breath
• 107 milligrams per 100 millilitres of urine

In Scotland, the legal limit is slightly
lower: 

• 50 milligrams of alcohol per 100 millilitres of
  blood
• 22 micrograms of alcohol per 100 millilitres of
  breath

But as alcohol advice website Drinkaware says, there’s “no fool-proof way of
drinking and staying under the drink-drive limit”, because the rate
of alcohol absorption “varies from person to person”.

The following factors affect how the body manages alcohol
consumption: 

• Weight, age, sex and metabolism
• The type and amount of alcohol being drunk
• What the drinker has eaten recently
• Their stress levels at the time

How many alcohol units can you consume?

Alcohol units alone are not used to determine whether
someone is above or below the legal limit, though they can be used
as a rough guide. 

Confused.com says that one unit of alcohol
equates to 10ml, or 8g, of pure alcohol. A pint of 4% lager
typically contains about 2.2 units, while a standard 175ml glass of
wine has about 2.1 units.

However, the simplest way of staying under the limit “is
to avoid any alcohol if you are driving”, says
Drinkaware.

What happens if you get pulled over?

The police have a number of tests at their disposal to
check whether a driver is over the legal limit. 

The most common is a simple roadside breath check, where
the driver is asked to blow into a breathalyser. If they fail the
test, the driver will be taken to a police station for a second
check, with the lowest of the two readings used to decide whether
they’re over the limit. 

If the first breath test shows the driver is up to 40%
over the limit, they have the right to replace their breath
specimen with blood or urine, the advice service says. The police
officer will choose which of the two tests is
used. 

What are the penalties?

That depends on the offences committed and just how much
the driver is over the limit. 

According to the Daily Express, drivers face a fine of up to
£2,500 if caught “being in charge of a vehicle” – which may include
even sitting in the driver’s seat of a stationary car –  while
over the legal limit. They also face a possible three-month prison
sentence and a driving ban. 

If a police officer catches someone driving while above
the legal limit, they face a possible six-month prison sentence, an
unlimited fine and a driving ban of at least one year. Similar
penalties apply if the driver refuses to provide a breath, blood or
urine sample. 

Causing death while under the influence of alcohol may result in
a 14-year prison sentence, an unlimited fine, a ban from driving
for at least two years, and an “extended driving test” to regain a
driving licence, The Sun reports.