Caught Drink Driving

Originally written by Dave Howell, updated by the editorial team on 15th July 2026

When the police can stop you

Police officers have the power to stop any vehicle on a public road. If they suspect you have been drinking, they can ask you to take a breath test at the roadside.

You do not need to be driving at the time. The police can also stop you if they believe you are about to drive. This might happen if you are walking towards your car with keys in hand after leaving a pub.

If you are involved in a road traffic accident, the police can require you to take a breath test regardless of whether they suspect alcohol is involved. The same applies if you commit a moving traffic offence.

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The main drink driving offences

There are three main offences related to alcohol and driving:

Driving or attempting to drive while over the legal alcohol limit
Being in charge of a vehicle while over the legal alcohol limit
Failing to provide a specimen of breath, blood or urine when required by the police

Being in charge of a vehicle is a separate offence from driving. You can be charged with this if you are found drunk in or near your vehicle, even if you were not intending to drive. The prosecution must prove you were in a position to drive, though you can defend the charge by showing you had no intention of driving or had a legitimate reason for being with the vehicle.

The legal alcohol limits in England, Wales and Northern Ireland are 35 micrograms per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. Scotland has stricter limits of 22 micrograms per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, or 67 milligrams per 100 millilitres of urine.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What happens at the roadside

If the police suspect you have been drinking, they will ask you to blow into a handheld breathalyser. This gives a preliminary reading.

Refusing to take a roadside breath test is an offence in itself. If you refuse, the police can arrest you for failing to provide a specimen. You will then be taken to a police station.

If you fail the roadside test or if the device shows a reading close to the limit, you will be arrested and taken to a police station. A roadside reading cannot be used as evidence in court on its own. It simply gives the police grounds to arrest you and conduct a more accurate test at the station.

What happens at the police station

At the station, you will be asked to provide two further breath samples using a more accurate evidential breath testing machine. The lower of the two readings is the one used. If this reading is over the legal limit, you will usually be charged.

In some cases, the police may ask for a blood or urine sample instead. This might happen if the breath testing equipment is unavailable or if there is a medical reason why you cannot provide a breath sample. A blood sample can only be taken by a healthcare professional, and you must give your consent. However, refusing without a reasonable excuse is itself an offence.

Depending on circumstances, individuals charged may be released on bail to appear at a magistrates court later, or held in custody until a court hearing. Drink driving cases are almost always heard in the magistrates court. Penalties can include a driving ban, a fine, community orders, and in some cases a prison sentence. The exact sentence depends on factors such as your alcohol level, whether anyone was harmed, and your previous driving record. A conviction will also significantly increase your car insurance premiums for years afterwards.

If you are facing a drink driving charge, you may want to speak to a solicitor. You are entitled to free legal advice at the police station through the duty solicitor scheme, and you can also seek legal representation for your court hearing.

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Showing 20 of 323 questions

Ask Courtroom Advice a Question

CourtroomAdvice Editor 23/05/2026 at 9:18 am

@Temple This is what's known as the "hip flask defence" and it's notoriously hard to run successfully. You'll need expert evidence from a forensic toxicologist who can back-calculate her alcohol levels at the time of driving versus at the time of the test, factoring in what she drank afterwards. Get a specialist motoring solicitor involved straight away, as they'll instruct the right expert and it isn't something to attempt without proper legal help. Witness statements from those at the house confirming the drink will also be crucial.

Temple 04/02/2024 at 1:24 pm

My daughter crashed her car, no one else was involved. Passers-by helped move the car off the road and she got a lift to my other daughters house. She had a drink at her house then my daughter says she will have to go to hospital as she needed stitches. The Passers-by notified the police to say she was ok. The police went to hospital did a breathtest on her and it was 44mcg. She then had to give urine test. How can we prove she had a drink after the accident, she is a young driver and didn't know better!

Terry 18/12/2023 at 12:36 am

I was stop and fail the road side test and was taken to the police station..and I blow 96mg what will happen and will I loss my licence..as it my first time offence. And I work in a school. Please help

Chaddy 23/09/2023 at 11:09 pm

I was arrested a few yr ago for being just over the limit at road side and charged, however I was not breathalised at the police station on the machine there!… is it lawful to be charged just off the roadside test? Thankyou

Corco 18/08/2023 at 3:49 pm

I was stopped yesterday morning and was taken to Kevin's Street to do a breathalyser which came back at 51 micro grames on the breath test machine in the station, what's the penalty for this ,for a first time DUI

Lee 24/06/2023 at 3:42 pm

My son was tested and was 48 roadside was arrested and did another test at the station and it was 44 - he was not offered a blood or urine sample to be tested - I have read that he should have been offered one - will this help him get off !

Ads 18/06/2023 at 6:30 pm

To all of you that blew over 35, you get what you deserve... losing your job? Tough. Rely on your car? Soz. Noone forces you to drink and I'm reading all of these comments, knowing you are all about to be shafted and laughing wholeheartedly. It's a shame you're not banned for life, you are grown adults and the fact you can't NOT drink drive is pathetic.

L 09/05/2023 at 4:49 pm

I had caused an accident after having a couple of drinks, on the roadside I blew 44, and the saliva test showed a very faint line after 8 minutes or something, I was taken to hospital and agreed to have blood tests.. this was Halloween last year 2022, was told 2 to 6 months waiting time, we're now in May and has exceeded the 6 months. I don't know whats happening, will they tell me I'm negative if I'm negative and was legal to drive? I need this info as insurance wouldn't touch my car or help me in any way, because I stupidly told them what happened roadside. Can anyone give me advice here?
Kind regards
L

Leon 31/03/2023 at 11:09 am

Is the text below still the case ?
Duty solicitor is telling me no longer applies ?
Thanks
Leon

Zoe Nash 18/03/2023 at 6:54 pm

I was reversing in a car park and backed into a walk. Passers by saw me and called the police. I did not submit a test as was very anxious about being over the limit. Now I have been charged with failing to submit a sample. I have never had any dealings with the law. Im a single mother who has really been struggling with the menopause. I do have points on my license for speeding a year back. What might my sentence be?

Yoller 25/12/2022 at 7:14 pm

I blew 20 at the roadside and was allowed to carry on with my journey.

Anonymous 05/11/2022 at 4:36 am

My partner has blown 60 and been charged court date is in a month. What are the chances he will loose his license. He’s never done this before I think he has 3 points for parking but that’s it. He needs his car for work.

Anonymous 23/10/2022 at 11:02 pm

I blew 50 at roadside. Hadn’t drank in over 12 hours due to recovering from a heavy night out drinking. Was then driving speed limit and not swerving as was pulled as a routine stop due to picking my friend up from a night out as they were stranded. I rely on my car for many many things such as travel to and from my daughters as she is 1 years old and not with ex partner and live over 20 miles from home. I also drive for a living and use my car for my mental health factors as it’s the only thing that keeps me sane. I need help to prepare for what will be the outcome from court in 3 weeks

Anonymous 23/10/2022 at 10:59 pm

I blew a 50 at roadside. This was the morning after 12 hours of none driving from a night out. Hadn’t drank or eaten anything and was driving my friend back home. Was pulled over while going 30 in a 30 and not swerving. I use my car to travel to and from my daughters and I also drive for a living and am reliant on driving for many things including mental health. What are my chances of not losing my licence because of being permanently reliant for all the above? My court date is in 3 weeks but I would rather prep myself now for what will come of it

Tarrum 31/07/2022 at 11:13 am

I blow 46 at the station they didn't offer me a blood or urine sample iv been driving for 20 years clean licence im a hgv driver whats my chances please?

Kumar 27/04/2022 at 12:18 am

Hi, I have clean licence and I have been driving for more than 8 years. I blew 49 at roadside and they take to station and after 3 hours they took my blood sample. And release me. What will happen next? I am worried about my blood test. As I am a lone driver in my family I need my license for my job too.

Jt 10/04/2022 at 11:45 pm

I blew 44 road side from my crash and my bloods came back 96mg. My court case is on Tuesday. I’ll loose my job if I loose my license. Will they take that into consideration? Had no previous conviction or anything. Will I have to do my test again? I didn’t hurt anyone a car speeded past me and made me swerve and hit a Kirb and my car flipped. I wasn’t speeding or anything. I was just going home the morning after I’d had a few drinks

MISS K WEBSTER 20/09/2021 at 5:47 pm

I blew 66 at 4.40 am then blood taken at 8 am what's chances of it going down in that time

Jb 28/06/2021 at 4:31 pm

Blew 103 2 nights ago was taken back to the station and tested again twice, this was about an hour after the road side test. First test in station I blew 44 second was 38 so I was lucky enough to keep my license and wasn’t charged. Officer was extremely annoyed and couldn’t believe the result. Is this common or was I very lucky?

Jay 21/06/2021 at 11:14 pm

Stopped in aug 20 blew 42 at roadside 44 at station charged with 3yrs due to second offence in 10 years. No blood or urine offered apperently that law hasn’t exisited since 2016 is this correct?

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