UK drink driving limits: breath, blood and urine thresholds explained
35 micrograms of alcohol per 100ml of breath is the UK limit. 2 pints can put you over. Know the breath, blood and urine limits. Book your free confidential consultation!
High
Client’s Success
0
Successful Cases
Start Today
Enter your details below for a free initial call.
High Success Rate
No Hidden Charges
A Truly Personal Touch
Language Support
What are the drink driving limits in the UK?
The drink driving limit in England and Wales is 35 micrograms of alcohol per 100 millilitres of breath. That is the number the police measure at the roadside and again at the station. If your evidential breath reading exceeds 35 micrograms, you can be charged under section 5 of the Road Traffic Act 1988.
There are three ways the police can measure alcohol in your system, and each has its own legal limit:
- Breath: 35 micrograms per 100 millilitres of breath (35µg/100ml)
- Blood: 80 milligrams per 100 millilitres of blood (80mg/100ml)
- Urine: 107 milligrams per 100 millilitres of urine (107mg/100ml)
The breath test is by far the most common. At the roadside, the officer uses a screening device to get a pass or fail result. If you fail, you are arrested and taken to the police station for an evidential breath test on an approved Intoximeter device. This is the reading that matters in court. Blood and urine tests are alternatives used when a breath sample cannot be provided, when a device is unavailable, or where a healthcare professional is needed to take a specimen. The old right to replace a low breath reading with blood or urine was removed in 2015.
Scotland has lower limits: 22 micrograms per 100ml of breath and 50 milligrams per 100ml of blood. If you were stopped in Scotland, different thresholds apply to your case. The limits on this page are for England and Wales only.
These limits have not changed since the Road Traffic Act 1988 came into force. There is periodic discussion about lowering them to match Scotland, but as of 2026 the England and Wales limits remain at 35/80/107.
Request a Call Back
Fill in your name and telephone number and we will call you back. Rest assured all data transferred on scarsdalesolicitors.com is secured using a trusted SSL Certificate.
How many pints put you over the limit?
Two pints of regular-strength lager (around 4% ABV) is roughly 4 units of alcohol, and that is enough to push most adults to or past the 35-microgram breath limit. Your body processes about 1 unit per hour on average, but the actual rate varies widely depending on your weight, sex, metabolism, how recently you ate, and how fast you drank. A lighter person or someone drinking on an empty stomach could be over the limit after a single pint. A heavier person who had a large meal might stay just under after two. There is no formula that works for everyone, and breathalyser readings can swing by several micrograms depending on when the test happens relative to your last drink. The only guaranteed way to stay under the limit is not to drink at all before driving. If you have been charged after drinking what you thought was a safe amount, speak to a solicitor before your court date.
To put the numbers in context, here is roughly how many units are in common drinks:
- A pint of 4% lager: about 2.3 units
- A pint of 5% craft beer: about 2.8 units
- A large glass of wine (250ml at 13%): about 3.3 units
- A single pub measure of spirits (25ml at 40%): 1 unit
- A double spirit: 2 units
The average adult eliminates roughly 1 unit of alcohol per hour, but that figure is an average across the population. Some people process alcohol faster, others much slower. Age, liver function, hydration and genetics all play a part. Two people can drink the same amount and produce breath readings several micrograms apart.
We never advise clients on a “safe” number of drinks. The question itself is the wrong one. If you need to drive, the safest option is zero alcohol. We see clients every week who genuinely believed they were fine to drive and ended up with a reading of 42 or 45 micrograms. That is a criminal charge, a minimum 12-month driving ban and a criminal record.
Can you drink the night before and still be over the limit?
Yes, and this is one of the most common ways people end up charged with drink driving. Morning-after cases make up a large share of the drink driving work we handle. The driver has slept, feels sober, and is genuinely surprised when the roadside test comes back positive.
Here is a typical scenario. You finish drinking at midnight after a night out. You have had four pints of 4% lager, which is roughly 9 units. At an elimination rate of 1 unit per hour, your body will not clear that alcohol until around 9am at the earliest. If the police stop you on the school run at 8am, you could still be over the limit. If you drank stronger beer (5% or above), or had spirits on top, the clearance time stretches even longer.
Nothing speeds the process up. Coffee does not help. A cold shower does not help. A large breakfast does not help. Your liver processes alcohol at a fixed rate and there is no shortcut. The only reliable measure is time.
What catches people out is that they feel fine. The obvious symptoms of intoxication wear off long before the alcohol has actually left your bloodstream. You can feel completely normal and still blow 38 or 40 micrograms on the Intoximeter.
A morning-after charge carries the same penalties as a late-night stop. The court does not treat it more leniently because you thought you were sober. It is still an offence under section 5 of the Road Traffic Act 1988, and you will still face a minimum 12-month disqualification. If you have been charged in the morning after a previous night’s drinking, read our page on first-time drink driving offences to understand what happens next.
What happens if you are over the drink driving limit?
If you fail the roadside screening test, the police will arrest you and take you to the station for an evidential breath test. This is the legally binding test. You provide two breath samples on the Intoximeter, and the lower of the two readings is used as the evidence against you. If that lower reading is above 35 micrograms, you can be charged with drink driving.
After being charged, you will normally be released on bail with a date to appear at the magistrates’ court. You will not usually be kept in custody overnight unless there are other offences involved or the police believe you are a risk.
The drink driving penalties are set by the Sentencing Council guidelines and work in three bands based on your breath reading:
- Band A (36-59µg): 12-16 month disqualification, Band C fine, possible drink drive rehabilitation course to reduce the ban by 25%
- Band B (60-89µg): 17-22 month disqualification, with a range from a Band C fine to a low-level community order
- Very high readings: 90-119µg usually means a 23-28 month disqualification and a high-level community order. Readings of 120µg and above move into the custody range, with longer bans for the highest readings.
Every drink driving conviction results in a criminal record. That record shows up on DBS checks and can affect employment, particularly for jobs involving driving, healthcare, education or finance. Your motor insurance premiums will also increase significantly. Most mainstream insurers will not cover you at all for several years after a conviction, so you will need specialist convicted driver insurance.
A first-time offence at the lower end of Band A is not a minor matter. It is still a criminal conviction with a mandatory ban.
When are blood or urine samples used?
The old “statutory option” that let drivers replace a low breath reading with blood or urine was removed in 2015. Today, the police generally rely on the evidential breath test if a valid breath specimen is provided.
Blood or urine can still be used in specific situations. For example, the police may require a blood or urine sample if you cannot provide breath for a genuine medical reason, if an evidential breath device is unavailable, or if the case involves drugs as well as alcohol. The procedure still matters: samples must be taken and handled properly, and any irregularity can be reviewed by your solicitor.
If your breath reading was close to the limit, the defence focus is now on the reliability of the evidential breath result: the two readings, the device checks, the observation period, possible mouth alcohol, and whether the custody procedure was followed. Our borderline drink driving cases page explains those arguments in more detail.
Defences for borderline breath readings
Breath readings close to the limit give your solicitor the most to work with. A reading of 36 or 37 micrograms leaves very little room for error in the prosecution’s evidence, and any weakness in the testing procedure can be enough to undermine the charge.
These are the main defence angles we look at in borderline cases:
Mouth alcohol contamination. If you had a drink very recently before the test, used mouthwash, or suffer from acid reflux or GERD, residual alcohol in your mouth can inflate the reading. The Intoximeter measures deep lung air, but mouth alcohol can interfere with the sample. The police are supposed to observe you for at least 20 minutes before the evidential test to let any mouth alcohol dissipate. If that observation period was not properly followed, the reading may not be reliable.
Intoximeter calibration. The approved device must be calibrated correctly, and the Intoximeter printout records the calibration check. If the calibration was outside acceptable tolerances, or if the device flagged an error during the test cycle, the reading can be challenged.
Rising blood alcohol. Alcohol takes time to absorb into your bloodstream. If you had your last drink shortly before driving, your blood alcohol level may still have been rising when you were tested at the station. It is possible that you were under the limit at the time of driving but over the limit by the time the evidential test took place, 30 to 60 minutes later. This defence is technically complex and requires expert toxicology evidence, but it applies in a real number of cases.
Procedural failures. The police must follow PACE Code C throughout the detention process. Failures in how you were cautioned, how the test was administered, or how the samples were handled can all be challenged. We review the Intoximeter printout, the custody record, the officer’s statement and any body-worn camera footage in every case we take on.
If your reading was between 36 and 50 micrograms, you may have a borderline case where procedural challenges can succeed. We handle borderline drink driving cases regularly and can assess the strength of your defence at the initial consultation.
How Scarsdale Solicitors can help
We handle drink driving cases across England and Wales, from straightforward first offences to contested borderline readings and morning-after charges. Every case is handled by a solicitor, not a paralegal. Director Shazia Ali has over 20 years of experience in motoring and criminal defence law and oversees every drink driving instruction that comes into the firm.
We agree fixed fees before you instruct us, so you know the cost before you commit. There are no hourly rates and no surprises. Your initial consultation is free and confidential. We will review the facts of your case, tell you honestly whether there is a defence worth running, and explain the likely outcome if you plead guilty.
Before advising on plea, we obtain and review the full prosecution evidence: the Intoximeter printout, the custody record, the officer’s witness statement, and any body-worn camera footage. We do not advise on plea based on the charge sheet alone.
We are based in Rochdale, 15 minutes from Manchester, and we are regulated by the Solicitors Regulation Authority (SRA No. 629410). We are available in English, Urdu and Punjabi. We represent clients at magistrates’ courts and Crown Courts nationwide.
For a full overview of our drink driving defence work, see our drink driving solicitors page or read about strategies for avoiding a drink driving ban. You can also read more about the firm or go straight to our contact page.
Other Practice & Services Areas
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven high success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Motoring Offences
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
- Drink Driving Solicitors – Expert defence for all drink driving charges
- Drug Driving Solicitors – Challenge drug test results and fight for your licence
- Careless Driving Solicitors – Defend careless and inconsiderate driving charges
- Failing to Provide Specimen Solicitors – Expert defence for refusal cases
- Totting Up Ban Solicitors – Exceptional hardship applications to save your licence
- Driving Without Insurance Solicitors – Challenge no insurance prosecutions
- Mobile Phone Driving Solicitors – Defend mobile phone offences
- Traffic Light Offence Solicitors – Challenge traffic signal prosecutions
- Driving Licence Offence Solicitors – Defend licence-related charges
- Licence After Ban Solicitors – Assist with licence applications post-disqualification
Speeding Offence UK – Expert Legal Defence for All Speeding Charges
Drink Driving Services
Furthermore, our drink driving defence includes specialist support for:
- Drink Driving Breath Test – Challenge breathalyser evidence
- Drink Driving Blood Test – Contest blood sample procedures
- Drink Driving Urine Test – Defend urine sample cases
- Drink Driving High Readings – Defend serious high reading cases
- Drink Driving Borderline Cases – Fight cases near the legal limit
- Drink Driving Repeat Offenders – Defend repeat offence charges
- Drink Driving Hospital Cases – Specialist hospital procedure defence
- Drink Driving Limit – Expert advice on legal limits
- Drink Driving Sentencing Guidelines – Navigate sentencing procedures
- Drink Driving Penalties – Understand and minimize penalties
- Drink Driving Defences – Comprehensive defence strategies
- Drink Drive Rehabilitation Course – Access rehabilitation options
- Drink Driving Insurance Impact – Manage insurance consequences
- Drink Driving Employment Consequences – Protect professional status
- Drink and Drive Solicitors – Legal defence for alcohol driving charges
Drug Driving Services
Additionally, our drug driving expertise covers:
- Drug Driving Cannabis THC – Challenge cannabis driving charges
- Drug Driving Cocaine BZE – Defend cocaine driving prosecutions
- Drug Driving Sentencing Guidelines – Navigate drug driving sentencing
Drug Driving Offences – Expert Legal Defence for Drug Driving Charges
Failing To Offences
Moreover, we defend all “failing to” offences including:
- Failing to Provide Specimen – Expert defence for refusal cases
- Failing to Furnish Information – Defend driver details offences
- Failing to Stop/Report Accident – Expert accident reporting defence
Other Motoring Services
Consequently, our comprehensive motoring defence also includes:
- Special Reasons Solicitors – Special reasons to avoid disqualification
- New Driver Offence Solicitors – Protect new driver licences
- Perverting Course of Justice – Defend serious perverting charges
- Police Station Representation – 24/7 custody representation
- Convicted in Absence – Challenge convictions made in your absence
Criminal Defence
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Immigration & Sponsorship
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Get Expert Legal Help Today
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Serving Clients Across 170+ UK Locations
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
Major Cities
Major Cities
Major Cities
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
London Boroughs & Areas
South East England
South East England
South East England
South East England
South East England
North West England
Yorkshire & Humber
Yorkshire & Humber
North East England
North East England
North East England
Midlands
Midlands
Midlands
Midlands
Midlands
Midlands
East of England
East of England
East of England
South West England
South West England
South West England
Frequently Asked Questions
Understanding offences and process helps you make informed decisions about your future.
Two pints of regular-strength lager (4% ABV) is roughly 4 units and will put most adults at or above the 35-microgram breath limit. A lighter person or someone who has not eaten could be over the limit after a single pint. There is no safe number of drinks that applies to everyone.
Two large glasses of wine (250ml at 13%) is about 6.5 units of alcohol. That is well above what most people can consume and remain under the breath limit. Even two small glasses (175ml) would be approximately 4.5 units, which is enough to put many adults over the limit. If you need to drive, the only safe option is not to drink.
In England and Wales, the breath alcohol limit is 35 micrograms of alcohol per 100 millilitres of breath. Scotland has a lower limit of 22 micrograms per 100ml. These are the thresholds for the evidential breath test conducted at the police station on an approved Intoximeter device.
As a rough guide, allow at least 1 hour per unit of alcohol consumed before driving. A night out involving 10 units means you should wait at least 10 hours from your last drink. This is an average, not a guarantee. Some people eliminate alcohol more slowly. If in doubt, do not drive.
Refusing to provide a breath specimen without a reasonable excuse is a separate criminal offence under section 7 of the Road Traffic Act 1988. It carries the same maximum penalties as drink driving itself: up to 6 months in custody, an unlimited fine, and a minimum 12-month driving ban. A medical condition that genuinely prevents you from providing a sample is a reasonable excuse, but simply refusing is not.
Don't Face This Alone. Contact Scarsdale Solicitors Today
Don’t face drink driving charges alone. Moreover, expert legal representation from our drink driving limit solicitors can make all the difference to your case outcome. Every moment matters when facing drink driving charges. Moreover, the sooner we can review your case, the stronger your defence will be.
Your licence, your livelihood, and your future are too important to leave to chance. Furthermore, a drink driving conviction will affect you for years through driving bans, insurance costs, employment consequences, and criminal records.
Testimonials
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs