Drink driving penalties

Driving under the influence of alcohol is a criminal offence. Being found guilty of driving while above the legal drink-driving alcohol limit will result in punishment that could affect the rest of your life. Yet, in 2023 in England and Wales alone, 44,861 people were either caught over the limit by the police or refused a breathalyser test.¹

Drink-driving can be fatal, or cause life-changing injuries – an estimated 6,800 people were killed or injured in drink driving accidents in the UK in 2022.² The safest advice is to avoid alcohol if you are planning on driving, even the morning after drinking alcohol.

Can I drive the morning after drinking alcohol?

Drink driving offences and penalties

If you are found guilty of drink-driving you can be fined, banned from driving or even imprisoned.

Drink driving punishments depend on the seriousness of the offence.³

If you’re in charge of a vehicle while above the legal limit, or unfit through drink, you could be punished with:⁴

• Up to three months in prison
• A fine of up to £2,500
• A driving ban

If you drive, or attempt to drive while above the limit, or unfit through drink, you could be punished with:⁵

• Up to six months in prison
• An unlimited fine
• A driving ban for at least on year (or three years, if convicted twice in 10 years)

If you refuse to provide a specimen of breath, blood or urine for analysis, you could be punished with:⁶

• Up to six months in prison
• An unlimited fine
• A driving ban for at least one year (or three years, if convicted twice in 10 years)

If you cause death by careless driving while under the influence of alcohol, you could be punished with:⁷

• Possible life imprisonment
• An unlimited fine
• A driving ban for at least five years
• An extended driving test before having your license returned

The penalty is decided by the magistrate who hears the case in court.⁸

High risk offenders

‘High risk offenders’ need to pass a medical examination to get their licence back after a drink driving ban.⁹

You are considered a high-risk offender if you:

• Have been convicted of two drink-driving offences within 10 years
• Had an alcohol reading of at least 87.5 mg of alcohol per 100 ml of breath, 200 mg of alcohol per 100 ml of blood, or 267.5 milligrams of alcohol per 100 millilitres of urine
• Refused to give the police a sample of breath, blood or urine to test for alcohol
• Refused to allow a sample of your blood to be tested for alcohol

Drink driving convictions: the consequences

Being convicted of driving under the influence of alcohol has a range of consequences, beyond a drink driving fine or a driving ban.

You could lose your job, particularly if you drive for work as your employer will see this on your licence.¹⁰ You will have a criminal record. You may also find it difficult to seek employment in the future.¹¹

If and when you are legally allowed to drive again, it won’t be cheap. Car insurance costs increase significantly after a drink driving conviction.

As with any criminal record, you may even find it hard to enter other countries such as the USA and this can affect plans for taking holidays, working or studying abroad.¹²

Are you drinking too much?

Drink driving isn’t worth the risks

By drinking and driving you immediately pose a threat to the safety of yourself, your passengers, other drivers and pedestrians. And if found guilty, the consequences could last a lifetime.

It’s not possible to know how much you can drink to stay below the legal drink driving limit. And your ability to drive is impaired at even low levels of alcohol consumption, because of the way it affects your reaction times, concentration and ability to position the car accurately.^13,14

That’s why the safest advice is to avoid alcohol completely if you are driving, even the morning after drinking alcohol.

Learn how to report a drink driver

How to avoid drink driving

• Arrange a designated driver for the night – this is a person who is happy to abstain from alcohol to drive everyone home safely
• Use public transport or pre-book a taxi
• Stick to soft drinks, mocktails or alcohol-free drinks if you are driving
• Try an alternative to pubs and clubs with an alcohol-free night out