What is the drink driving limit?

The criminal law imposes a limit on the amount of alcohol that a person can have in their system when they are driving a vehicle, attempting to drive a vehicle, or in charge of a vehicle. The limit has remained untouched since it was introduced by the Road Safety Act 1967. The legal alcohol limit for drivers in Great Britain is:

•    35 micrograms of alcohol in 100 millilitres of breath
•    80 milligrams of alcohol in 100 millilitres of blood
•    107 milligrams of alcohol in 100 millilitres of urine
Drink driving is treated seriously by the law, and strict drink driving penalties apply. If a person is caught exceeding the legal limit whilst driving, attempting to drive or in charge of a vehicle, they can face a number of drink driving penalties. They may be subject to six months in prison, a fine of up to £5,000, and a driving ban of 12 months. If they have been convicted of a drink-related offence in the previous ten years, they will harsher drink driving penalties, including a driving ban of three years. In addition, the convicted offender will have a criminal record.

Drivers are advised to take into consideration the affect alcohol has on them when they know they are going to be driving. Alcohol affects everyone differently and it is each individual’s responsibility to remain below the legal limit. The following factors can affect a person’s tolerance to alcohol:

•    Weight
•    Gender
•    Age
•    Current stress levels
•    Metabolism
•    Amount of alcohol
•    Whether they have eaten recently

The police can stop a person and ask them to take the road side breath test if they have reason to believe the person has consumed over the legal limit of alcohol, if the person has been involved in an accident, or they have committed a moving traffic offence, such as speeding. If the person fails the breath test or is borderline, the police can take them to the police station for a follow up breath test. The follow up breath test will be the definitive test as to the person’s alcohol level. If the person passes the road side test, they are free to leave and the police can take no further action.

Anyone charged with a drink driving offence is advised to contact a specialist solicitor for legal advice regarding their situation and the possible drink driving penalties. A solicitor who specialises in criminal law will be able to provide legal advice and representation if necessary, and may be able to reduce the drink driving penalties handed down by the court.