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Drink Driving & Drug Driving – What You Need to Know This Summer

As summer begins, many people are out enjoying barbecues, festivals, and late-night events. But with the rise in social activities comes an increase in drink driving and drug driving offences, which are some of the most serious and high-risk motoring charges in the UK. 

Whether it’s a one-off mistake or something more complex, being accused of driving under the influence can carry serious legal and personal consequence. At DPP Law, we’re driven to defend your rights, and we will help you protect your freedom, your licence and your future.

What is Drink Driving?

Drink driving refers to operating a vehicle while above the legal alcohol limit. In England and Wales, the legal limits are:

• Breath: 35 micrograms of alcohol per 100ml.
• Blood: 80 milligrams per 100ml.
• Urine: 107 milligrams per 100ml.

Although there are set limits, how much you can drink before going over the limit varies based on a number of factors such as:

• Gender
• Weight and Height
• Metabolism
• Stress

This means that there is no universal ‘’safe’’ number of drinks, even one drink can put you over the limit. Additionally, you can still be over the legal alcohol limit the morning after a night out. If you are stopped by the police and are found to be over the limit, you could face charges even if you don’t feel impaired.

You can also be charged for being in charge of a vehicle over the legal alcohol limit, even if the engine is turned off.

What is drug driving?

Drug driving covers driving under the influence of illegal drugs and driving while impaired by prescription or over-the-counter medication. In the UK, there is a near zero-tolerance approach to illegal drugs and the limits are set extremely low, and you can be charged even if only trace amounts are found in your system, regardless of whether you are impaired or not. These limits aim to rule out accident exposure, such as from passive smoking for example. 

Some prescribed medications can also lead to drug driving charges if you’re over the specified legal limit and/or found unfit to drive.

If these substances have been prescribed by your doctor and you have been taking them as advised, you won’t be charged with drug driving even if you’re above the limit as long as these drugs aren’t impairing your driving. 

Roadside testing – what to expect?

If the police suspect that you have been drinking and/or using drugs you may be stopped and asked to:

• Take a breathalyser test
• Undergo a field impairment test designed to test alertness and coordination (for example, walking in a straight line or standing on one leg)
• Provide a saliva swab to check for cocaine and cannabis
• Take you to the police station for further testing

It is also an offence to refuse to provide samples for testing and this offence carries the same penalties as drink and drug driving.

What are the penalties? 

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 while under the influence can also result in a 14-year prison sentence. 

Our Penalties For a First Offence of Drug Driving article goes into further detail ont he penalties for first offenders.

Long-Term Impact

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 

What happens after you’re charged?

After arrest, the case moves very quickly. Within weeks you will receive a court date and may need to attend a hearing at a Magistrates’ Court to plead guilty or not guilty. 

When asked whether you want to seek legal representation it is important to remember that drink and drug driving cases can be very complex. Having expert legal support can make all the difference. 

At DPP Law, we’ve helped hundreds of clients who:

• Were wrongly accused based on flawed test procedures
• Had medical or prescription-related reasons for the result of the tests
• Needed mitigation to reduce the severity of the sentence (for example, first-time offence or personal hardship)

With early legal intervention, we can:

• Review the evidence against you
• Challenge the test results or any procedural errors
• Negotiate sentencing outcomes to avoid or reduce a driving ban
• Represent you confidently in court

The faster you act, the better are your chances of protecting your licence, your freedom and your future.

Contact our team of motoring law experts

If you’ve been charged, it’s important to seek early legal advice.

At DPP Law, we’re driven to defend you. With us in the passenger seat, you can navigate the legal road ahead with confidence and clarity. 

Contact us for your free, no-obligation initial consultation by calling 0333 200 7207, via our email DrivenToDefend@dpp-law.com , or by filling out our web enquiry form below. Let us help you navigate the road ahead.