Drink driving laws in England, Wales and Northern Ireland stipulate that if you are over the legal limit when behind the wheel or attempting to drive a car, you will face a driving penalty.
However, what that punishment is will depend on different factors, such as whether you are the driver or the person in charge of the vehicle and if you caused serious injury or even death with your actions.
Drink driving limits in England, Wales and Northern Ireland
If a breathalyser test in England, Wales and Northern Ireland shows a reading of greater than 35 micrograms (mcg) of alcohol per 100 ml of breath, this puts you over the legal limit.
Similarly, a blood test of more than 80 milligrams of alcohol per 100 ml of blood and a urine analysis of 107 mg per 100 ml of urine indicate there is too much alcohol in the system to render you safe to drive.
In Scotland, the figures are slightly different, with a lower threshold for alcohol consumption. A breathalyser reading of 22 mcg per 100 ml, a blood test of 50 mg per 100 ml, or a urine sample of 67 mg per 100 ml would put the driver over the legal limit.
Sentences for drink driving
Sentences in England, Wales and Northern Ireland for driving over the legal amount or being in charge of a vehicle while drunk vary from penalty points to six months in prison and an unlimited fine.
The sentence will be worked out based on a number of things, including:
- Whether there were other people in the car
- If an accident occurred
- The alcohol readings in the breath, urine and blood tests
- Evidence of poor driving
- The number of pedestrians or other drivers in the area at the time
- Whether the driver had had their drink spiked
- If they had had previous convictions
- The distance of their journey
- A history of a mental disorder, learning disability or medical condition
- If they were the primary carer for dependents
- The character of the driver and whether they showed remorse for their actions
- If they were travelling for emergency reasons
Due to these different factors, it is hard to tell whether the sentence will be lenient, such as a short driving ban, or more serious like a prison term.
That is why it is important to ask for help from a drink driving solicitor, as they can consider all the aggravating and mitigating factors to try and get you a less severe penalty.
Of course, if an accident did occur and this resulted in death, the sentence would be far more severe. In this case, it could even result in life imprisonment, and as a minimum, a five-year driving ban.
It is also important to consider the other repercussions of drink driving, regardless of what sentence you receive. This may include:
- Terminating your career if you are a HGV or taxi driver
- A steep rise in car insurance costs
- Difficulty traveling to some countries, such as North America, Canada and Australia
- Long-term impact on your driving record
- More difficult to hire vehicles while abroad
- A permanent criminal record
- The financial implications of paying for rehabilitation courses to shorten your ban