Is Drunk Driving a Criminal Offence in the UK?
Travelling to the UK comes with exciting sights, historic towns and winding country roads. However, driving here carries responsibilities you might not expect – especially around drink driving. If you’re caught over the limit, you could find yourself in unfamiliar courts, facing penalties that disrupt your trip and perhaps your plans back home. This guide explains what counts as drink driving in the UK, the tests you may face, the likely consequences, and how professional legal support can help you if things go wrong.
What Counts as Drink Driving in the UK?
Under section 5 of the Road Traffic Act 1988, you commit the offence of drink driving if you:
Drive, attempt to drive, or are in charge of any mechanically propelled vehicle on a road or public place; and
Have alcohol above the legal limit in your blood, breath or urine.
The limits are:
England, Wales & Northern Ireland: 35 µg per 100 ml of breath, 80 mg per 100 ml of blood.
Scotland: 22 µg per 100 ml of breath, 50 mg per 100 ml of blood.
However, you may still be prosecuted if, while driving, you show signs of impairment even below these limits.
How Police Test for Drink Driving
When stopped, you’ll be asked to take a breath test. The usual sequence is:
Roadside Breath Test: A preliminary screening device.
Police Station Test: If you fail or refuse the first test, you’ll be taken to a station for a more accurate evidential machine or a blood test.
Refusing either test is an automatic offence, treated on a par with failing. The police follow strict procedures; any significant breach may form part of your defence.
Penalties and Implications for Visitors
If convicted, you could face:
Driving Disqualification: At least 12 months’ ban. Visitors banned may be unable to drive any vehicle in the UK or even overseas until their ban expires.
Fine: Up to £5,000 or based on your weekly income.
Criminal Record: A conviction remains on record, potentially affecting visa applications or future travel to the UK.
Endorsement: 3–11 penalty points if your licence isn’t disqualified.
As a tourist, you should also consider:
Rental Car Insurance: Your policy may be void if you’re convicted of a drink driving offence.
Travel Plans: Court dates can clash with flights; failure to attend may lead to further penalties.
Diplomatic Support: You can contact your country’s consulate, but legal representation in UK courts remains essential.
Possible Defences and Mitigation
Every case is unique. Common avenues include:
Procedural Errors: Incorrect paperwork or calibration faults with breathalysers.
Medical Reasons: Conditions like acid reflux can affect readings.
Emergency Necessity: Rare, but possible if you drove to prevent serious harm.
Even absent a full defence, you can present mitigating factors, such as prompt admission of guilt or a previously clean record, to seek reduced penalties.
How a Drink Driving Solicitor Can Help
Bringing in a drink driving solicitor early gives you:
A detailed review of police procedures and evidence for any flaws.
Clear advice on your rights and the likely process at every stage.
Representation at court to argue for the most favourable outcome.
Practical support with travel and appearance arrangements, to keep your trip on track where possible.
Conclusion
Drink driving in the UK is treated as a serious criminal offence, whether you’re a visitor or a resident. The legal limits vary slightly between jurisdictions, but the risks remain the same: you could face disqualification, hefty fines, a criminal record and the potential voiding of insurance. Police follow strict testing procedures, and refusals carry the same weight as a positive result. While defences or mitigating factors may apply in certain circumstances, it is essential to understand your rights and the possible repercussions before, during and after any court proceedings. Keeping these points in mind can help you make informed decisions and avoid the significant consequences that come with a drink driving conviction.
