The drink-drive limit, by nation
In England, Wales and Northern Ireland, the limit is 35 microgrammes of alcohol in 100 millilitres of breath. Scotland's limit is lower, at 22. Both are set in law, and neither has changed in 2026.
Here's the full table. The police test your breath at the roadside, but the law also sets a blood and a urine figure.
| Measure | England, Wales and Northern Ireland | Scotland |
|---|---|---|
| Microgrammes per 100 ml of breath | 35 | 22 |
| Milligrammes per 100 ml of blood | 80 | 50 |
| Milligrammes per 100 ml of urine | 107 | 67 |
The 35, 80 and 107 figures come from section 11 of the Road Traffic Act 1988. Scotland's lower figures were set by Scottish regulations that came into force on 5 December 2014. They apply to driving or being in charge of a vehicle in Scotland only. Northern Ireland still uses 35, 80 and 107, and nidirect confirms it.
There's one limit for everyone. Gov.uk doesn't publish a separate figure for new drivers, learners or professionals. A lower limit for novice drivers has been floated, and the next section covers that.
Why isn't the limit zero? The Scottish Government's explanation is that it would be unfair because some foods, mouthwash and medications contain alcohol.
A limit above zero doesn't make a small amount safe. You can still be convicted under the limit if you're unfit to drive through drink. Section 4 of the Road Traffic Act 1988 makes that an offence in its own right.
Drug driving is a different law with its own limits. This page is about alcohol only, and it's part of our laws and fines advice.
Is a lower limit coming in England and Wales?
Not yet. The limit in England and Wales is still 35, 80 and 107. A lower one has been consulted on, and no decision has been published.
You may have seen headlines saying the limit is "set to be slashed" or "set to be lowered". They're getting ahead of the law. If you drive in England or Wales tonight, the old figures are the ones the police test you against.
What the government has actually said is this. Its road safety strategy, published in January 2026, promised to consult on lowering the drink-drive limit in England and Wales, including an even lower limit for novice drivers. The strategy also described the current limit as unchanged for decades and the highest in Europe. Those are the government's words, not a comparison I've checked.
The consultation ran from 7 January to 11 May 2026, after the closing date was extended. The Welsh Government's copy of it gives an earlier close, of 31 March.
The Welsh page says the consultation itself is held on gov.uk, and gov.uk's page records the extension. As at 2 November 2026, the government hasn't published its response. The consultation page still says it is analysing the feedback.
The same consultation asked about other drink-drive changes. Alcohol interlocks, seizing vehicles, suspending a licence on suspicion and whether the minimum bans are long enough were all in it. They're proposals and questions, not law. Our guide to new driving laws in 2026 tracks the whole consultation.
How many drinks is that? Nobody can say
No official source will give you a number of drinks. Gov.uk says it's "impossible to say exactly how many drinks this equals". The Scottish Government goes further: the limit "is not how much you can drink when driving", and it can't be turned into drinks or units.
That's not officials being cautious. Gov.uk lists what changes how alcohol affects you. Your weight, age, sex and metabolism, the type and amount you drink, what you've eaten recently, and your stress levels at the time. Two people drinking the same pint can give different readings.
So you won't find a drinks chart on this page. Any site that gives you one is guessing about a body it has never met.
Driving the morning after
Yes, you can be over the limit the next morning. Nidirect puts it plainly: you may be over the legal limit many hours after your last drink, even if you've slept all night. The Scottish Government says alcohol can take up to 24 hours or even longer to leave your body.
The NHS gives a rule of thumb, and it comes with a hedge. One unit is 10 ml or 8 g of pure alcohol. The NHS says that's around the amount the average adult can process in an hour, so "in theory" little or none should be left after that hour. It adds that this "will vary from person to person".
Don't turn that into a timetable. It's a theory about an average adult, not a promise about you. Multiplying units by hours and setting an alarm is exactly the maths that puts people in a police station at 8am.
What doesn't sober you up
Sleep, breakfast, coffee or a cold shower. Nidirect says none of them will sober you up, and only time reduces the alcohol in your body. A big night followed by a short sleep leaves you with the same alcohol and less judgement.
I'd keep it simple. If you're in any doubt the morning after, don't drive. Get a lift, take the bus or go in late. The ban for getting it wrong is at least a year.
What you face if you're caught
In England and Wales, section 6 of the Road Traffic Act 1988 lets a constable require a roadside breath test. They need to reasonably suspect you've been driving with alcohol in your body, or that you've committed a moving traffic offence, or that there's been an accident. Refusing without a reasonable excuse is itself an offence.
The Scottish Government describes the same process. Police can test you if you commit a traffic offence, are involved in an accident, or they think you may be impaired. Fail or refuse the roadside test and you can be arrested. At the station you give two more breath samples on an advanced breathalyser, and if you fail those you're charged.
Then it's court. Gov.uk says the actual penalty is up to the magistrates who hear your case. The prison terms and fines below are the most a court can give. A ban marked "at least" is a minimum, and it's the one part the court can't usually avoid.
England and Wales
Gov.uk gives these maximums for England and Wales. "You may get" is gov.uk's phrasing, and it matters.
| Offence | Prison | Fine | Ban |
|---|---|---|---|
| Driving or attempting to drive over the limit, or unfit through drink | Up to 6 months | Unlimited | At least 1 year (3 years if convicted twice in 10 years) |
| In charge of a vehicle over the limit, or unfit | Up to 3 months | Up to £2,500 | Possible |
| Refusing to give a specimen of breath, blood or urine | Up to 6 months | Unlimited | At least 1 year (3 years if convicted twice in 10 years) |
| Causing death by careless driving when under the influence of drink | Life | Unlimited | At least 5 years, plus an extended test |
Some pages say drink driving carries "a fine of at least £2,500". That's wrong twice over. The £2,500 is a ceiling, and it belongs to the in-charge offence.
For driving, the statute says a level 5 fine, and a 2012 Act removed the cap on level 5 fines in England and Wales. That's why gov.uk says "unlimited".
Scotland
The Scottish Government's own page gives the penalties for drink driving in Scotland. A minimum 12-month ban. Up to 6 months in prison, a fine of up to £5,000, or both. The offence stays on your licence for 11 years.
The same page says you might lose your vehicle. The law behind that is section 33A of the Road Traffic Offenders Act 1988, which lets a Scottish court order a vehicle forfeited when the prosecutor asks.
Northern Ireland
Northern Ireland has the same limit as England and Wales, but not the same penalties. Nidirect lists these for driving or attempting to drive over the limit. Six months' imprisonment, a fine of up to £5,000, and a ban of at least 12 months, or three years if convicted twice in 10 years. It also lists a driving test before your licence is returned.
For being in charge, nidirect gives three months, up to £2,500, and a possible ban for a period decided by the District Judge. Causing death by careless driving under the influence carries up to 14 years there, against life in England and Wales. So a single "UK penalties" box is wrong for somebody, wherever you draw it.
The ban
In England, Wales and Scotland the minimum ban is set by section 34 of the Road Traffic Offenders Act 1988. For driving over the limit, it's not less than 12 months. The court can only go shorter, or not ban you, if it finds "special reasons". Those are rare, and I'm not going to guess what counts.
A previous conviction within the 10 years before the new offence raises the minimum to 3 years. Two or more bans of 56 days or more in the previous 3 years raise it to at least 2 years, whatever the reading.
In England and Wales, magistrates use a Sentencing Council guideline to go above the minimum. The reading drives the ban length.
These are the guideline's figures, last updated on 5 October 2026. The starting points apply whatever your record. The ban lengths are for someone with no relevant conviction in the previous 10 years. They're a guideline, not a tariff.
| Breath reading (microgrammes) | Starting point | Ban length |
|---|---|---|
| 36 to 59 | Band C fine | 12 to 16 months |
| 60 to 89 | Band C fine | 17 to 22 months |
| 90 to 119 | Medium level community order | 23 to 28 months |
| 120 to 150 and above | 12 weeks' custody | 29 to 36 months |
A second offence inside 10 years moves every row to 36 months or more. The guideline applies to adults sentenced in England and Wales, so it says nothing about a Scottish or Northern Irish court.
Points, your record and your insurance
A drink-drive conviction puts an endorsement on your driving record. That's the entry DVLA, the Driver and Vehicle Licensing Agency, keeps against your licence. Each one has a code and a number of penalty points.
Driving or attempting to drive over the limit is DR10, and it carries 3 to 11 points. Unfit through drink is DR20, and failing to give a specimen after driving is DR30. Both carry 3 to 11 points too. Gov.uk says codes DR10 to DR61 stay on your record for 11 years from the conviction.
The in-charge codes are different. DR40 (in charge, over the limit), DR50 (in charge, unfit) and DR60 (failing to give a specimen when not driving) each carry 10 points. Failing to co-operate with a roadside test is DR70, at 4 points. These are in the 4-year group, so "drink-driving points last 11 years" is only true code by code.
Points aren't what ban you here. You're banned by the conviction, not by reaching 12 points. Our guide to how long penalty points stay on your licence covers the 4-year and 11-year rules.
Gov.uk lists three other costs of a conviction. Your car insurance costs "will increase significantly". If you drive for work, your employer will see the conviction on your licence. And you may have trouble travelling to countries like the USA.
How much your premium rises depends on the insurer, and I haven't found an official figure for it. How long you have to declare the conviction is different because there's an official rule. Gov.uk says you don't have to tell an insurer about a spent conviction.
For an adult in England and Wales, gov.uk says a driving ban of under 5 years with an endorsement becomes spent 5 years after you got it. Its checker covers other cases, and Scotland and Northern Ireland have different rules.
Gov.uk also says insurers and employers may be able to find out about an 11-year endorsement during its first 5 years.
Getting your licence back
Any ban of 56 days or more means applying to DVLA for a new licence before you drive again. You might also have to retake your test, or take an extended test, but only if the court orders it. The court will tell you.
The drink-drive course
If you're banned for 12 months or more, the court can offer you a rehabilitation course. It's up to the court. Gov.uk says the ban is usually reduced by a quarter if you complete it.
You decide in court, and you can't change your mind later. You pay for it, and gov.uk gave the cost as up to £250 on 2 November 2026. The course runs for 16 hours, usually over 3 days spread across 3 weeks, in person or online. Miss the deadline or don't pay, and the ban isn't reduced.
Gov.uk says Northern Ireland has a different process, and nidirect confirms courts there may offer a course on a ban of 12 months or more. The law behind the course, section 34A of the Road Traffic Offenders Act 1988, covers Scotland as well as England and Wales.
High risk offenders
Some drivers don't get their licence back automatically. Gov.uk calls them high risk offenders. You're one if you were convicted of 2 drink-driving offences within 10 years, or refused to give a sample, or refused to let a blood sample be tested.
The reading can make you one too. The thresholds are 87.5 microgrammes in breath, 200 milligrammes in blood or 267.5 in urine. The regulations that set them cover the whole of Great Britain, Scotland included. That's two and a half times the England and Wales limit, and nidirect describes Northern Ireland's rule as two and a half times its limit.
A high risk offender has to pass a medical with one of DVLA's appointed doctors before a new licence is issued. You pay for it. It includes a questionnaire about your medical history and alcohol use, a physical examination and a blood test. DVLA sends a D27PH form 90 days before the ban ends to start the process.
One more thing. A drink-drive ban from any UK court stops you driving anywhere in the UK, and gov.uk says so in those words.
If you've just passed your test
Get 6 or more penalty points within 2 years of passing your test and your licence is revoked. A drink-drive conviction usually works differently, because it comes with a ban.
When a court bans you, the law has it record the conviction and the ban, not penalty points, and the six-point rule only counts points. If the court finds special reasons not to ban you, it normally gives points instead, and those do count. After a ban of 56 days or more you have to apply for a new licence anyway. Our guide to the new driver six-point rule explains what revocation means.
Common questions
What is the drink-drive limit in the UK?
In England, Wales and Northern Ireland it's 35 microgrammes of alcohol per 100 millilitres of breath. That's 80 milligrammes per 100 ml of blood, or 107 per 100 ml of urine. Scotland's limit is lower. In England and Wales the figures are set by the Road Traffic Act 1988. Northern Ireland sets the same ones in the Road Traffic (Northern Ireland) Order 1995.
What is the drink-drive limit in Scotland?
It's 22 microgrammes per 100 ml of breath, 50 milligrammes per 100 ml of blood, or 67 per 100 ml of urine. Scotland lowered its limit on 5 December 2014. The lower limit applies to driving in Scotland only. Cross the border into England and the higher figures apply.
Is the drink-drive limit changing in England and Wales?
Not yet. The government consulted on a lower limit between 7 January and 11 May 2026. As at 2 November 2026 it hasn't published its response. Until it does, and until the law is changed, the limit is 35, 80 and 107.
How many drinks can I have and still drive?
Nobody official will tell you. Gov.uk says it's impossible to say how many drinks equal the limit, because it's different for each person. Your weight, age, sex, what you've eaten and your stress levels all change the result. The only rule that works every time is not to drink if you're driving.
Can I be over the limit the morning after?
Yes. Nidirect says you may be over the limit many hours after your last drink, even after a full night's sleep. The Scottish Government says alcohol can take up to 24 hours or longer to leave your body. Coffee, a shower and breakfast don't speed it up. If in doubt, don't drive.
What is the penalty for drink driving?
In England and Wales, gov.uk says you may get up to 6 months in prison, an unlimited fine and a ban of at least a year. Scotland's fine is capped at £5,000, and so is Northern Ireland's. The exact sentence is up to the court. Northern Ireland also lists a driving test before you get your licence back.