Driving Under the Influence
Facing a charge of driving under the influence of alcohol or drugs? DPP Law’s specialist solicitors provide rapid advice and robust defence to protect your licence, your freedom and your future.
Being charged with driving under the influence of alcohol or drugs is a serious matter. This offence carries severe penalties, and the legal process associated with it is often complex and stressful, so it is important to seek early legal advice to help you protect your licence, your freedom and your future.
At DPP Law, we’re Driven to Defend you.
What constitutes driving under the influence in the UK?
Under the Road Traffic Act 1988 it is illegal to drive or be in control of a motor vehicle while over the prescribed limits for alcohol and drugs. If your ability to drive is deemed impaired by controlled substances, you can be charged even if you are not over the legal limits.
What are the legal limits for England and Wales?
The legal alcohol limits for England and Wales are:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
How much you can drink before you go over the limit depends on a number of factors.
The law specified limits for 17 controlled drugs, including both illegal substances and prescribed medications:
- For illegal drugs, such as Cannabis and Cocaine, there is a near zero-tolerance approach, with the limits being set so low only to rule out accidental exposure.
- For prescription drugs, the limits are generally set above normal therapeutic doses, but you should always discuss whether the drugs will impair your ability to drive or not with the medical practitioner who has prescribed them to you.
What are the penalties for drink/drug driving?
Being convicted of drink or drug driving can result in:
- A minimum 12-month driving ban
- An unlimited fine
- Up to 6 months in prison
- A criminal record
- Up to 11 penalty points
Causing death by dangerous driving under the influence can also result in a 14-year prison sentence.
A drink or drug driving conviction can affect more than just your licence:
- Higher insurance premiums
- Travel restrictions (for example, to the United States or Australia)
- Loss of employment if your role requires a clean licence
- Difficulty hiring vehicles or holding certain professional licences
How can DPP Law help?
Whether you have been wrongfully charged or you’re considering pleading guilty, our specialist drink driving solicitors and drug driving solicitors can provide crucial support to help you navigate the complex legal road ahead.
Our solicitors can meticulously review all the evidence presented by the prosecution and may be able to find a defence based on any procedural errors made by the police.
Even for unavoidable convictions, our solicitors can represent you in court and negotiate sentencing outcomes to reduce your fine and the length of your driving ban or avoid them entirely.
Get in touch with us today for your free, no-obligation initial consultation by calling 0333 200 7207. Alternatively, you can submit your enquiry via our email DrivenToDefend@dpp-law.com, or by filling out our web enquiry form below.
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Related Services
- Death by Careless Driving
- Driving Under the Influence
- Road Traffic Accidents
- Failure to Provide a Specimen
- Whiplash Claims
- Driving Ban Appeals
- Death by Dangerous Driving Solicitors
- Driving Without Due Care and Attention
- Driving Without an MOT
- Driving Without Insurance
- Our Fees for Help in the Magistrates Court
FAQs
Anyone driving, attempting to drive, or being in charge of a vehicle on a road or public place while over the legal alcohol limit or unfit through drink or drugs can be charged. This applies to all drivers, including learners and professional drivers.
Refusing to provide a specimen without a reasonable excuse is a separate criminal offence and usually carries similar or even harsher penalties than a drink-driving conviction. You can be arrested and charged even if the police never obtain a final reading.
Most drink-driving cases are dealt with in the Magistrates’ Court and can be resolved within weeks. More complex cases—such as those involving accidents or disputed evidence—may take longer.
Key evidence includes breathalyser readings, blood or urine results, police body-worn video, witness statements, driving behaviour, and evidence of impairment. The police must follow strict procedures for the results to be admissible.
Yes. Previous convictions can lead to significantly longer driving bans, higher fines, and a higher chance of a custodial sentence. Repeat offences are treated very seriously by the courts.