We are drink driving limit solicitors who are experts at defending all types of drink driving limit cases. Call our team of expert drink driving limit solicitors for some free initial advice.
We are drink driving limit solicitors who are experts at defending all types of drink driving limit cases. Call our team of expert drink driving limit solicitors for some free initial advice.
We are drink driving limit solicitors who defend clients throughout England and Wales. If you was stopped by the police and was over the drink driving limit, please contact or dedicated specialist team of drink driving solicitors for some free advice.
The Drink Driving Limit
There are strict alcohol limits for drivers, but it’s impossible to say exactly how many drinks this equals to because each person is different.
The drink driving limits in Scotland are different to the rest of the UK.
The Drink Driving Limit in England, Wales and Northern Ireland is:
35 Micrograms of alcohol per 100 millilitres of breath; or
80 Milligrammes of alcohol per 100 millilitres of blood; or
107 Milligrammes of alcohol per 100 millilitres of urine.
The Drink Driving Limit in Scotland is:
22 Micrograms of alcohol per 100 millilitres of breath; or
50 Milligrammes of alcohol per 100 millilitres of blood; or
67 Milligrammes of alcohol per 100 millilitres of urine.
Do you want to talk to the Drink Driving Solicitors who from 1st January 2021 until 31st December 2023.
Breath Drink Driving Cases Achieved Not Guilty verdicts for 9 out of 10 Clients!
Blood Drink Driving Cases WON 94%
Drug Driving Sample Cases WON 99%
Urine Drink Driving Cases WON 100% since 2018
Failing to Provide a Specimen Cases WON 95%
AND WON 92% of our Alcohol and Drug related cases overall!
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First of all, the UK drink driving limit has been the source of debate for as long is it was first introduced. Perhaps now, more than ever, the legal alcohol limit in the UK is the subject of scrutiny, due to both Ireland and Scotland making the bold move to lower the blood alcohol limit for motorists in the UK to fit in line with the majority of European countries.
Definition of a Drink Driving Offence in the UK: It is an offence to drive or attempt to drive a motor vehicle on a road, or other public place after consuming so much alcohol that the proportion of it in a person’s breath exceeds the prescribed limit under. S 5. Road Traffic Act 1988.
Consequently, if you are facing a charge of driving with excess alcohol. The Prosecution will have to prove that you were driving with excess alcohol in your breath, urine or blood. Therefore, the present drink driving limits in the UK are as follows:
When a police officer has reasonable grounds to suspect that a person is driving with excess alcohol. For that reason, he can require that person to perform a roadside breath test. Most importantly, if this provides a positive reading the police will arrest the driver and take them to a police station for a further “evidential test”.
Furthermore, the police constable must follow stringent procedures. Therefore, they must obtain two specimens of analysed breath tests and which exceed 35 micrograms of alcohol in 100 millilitres of breath. Also, if you blow 39 or less, it is likely that the police will exercise their discretion and release you without charge.
However, if both readings exceed 40 micrograms of alcohol, it is likely that the police will simply proceed to charge the driver with being over the drink driving limit. As a result, the driver must attend Court at a later date once bailed.
In April 2015 the procedure for offering a secondary blood or urine test to replace a borderline breath reading was abolished. That said, if the procedures the police must follow continue to be intricate and this is where our expertise could make the difference in saving your licence.
If you are facing a charge for being over the drink driving limit but were taken to hospital and this is where you gave your sample. Most importantly, please take a look at our drink driving hospital cases page and contact our expert drink driving solicitors today.
In 1965, due to the number of drink driving road accidents, the government introduced a drink driving limit in Britain. Furthermore, in 1966 a new Road Safety Bill stated the blood alcohol limit was set to 80mg of alcohol in 100cc of blood. This was in the hope that people take more care on the roads and protect themselves as well as other drivers and pedestrians. In 1967 the Transport Minister Barbara Castles introduced the breathalyser to test a drivers’ blood alcohol level.
The first breathalysers were also introduced that year meaning that the process of detecting motorists became much more streamlined than before. However, although it dramatically reduced the number of accidents caused by drink driving, the government still led campaigns to promote the ‘Don’t drink and drive’ message.
This campaign continues today. 2015 has seen the biggest shake up in drink driving limit law since the introduction of breath testing devices. Furthermore, in April 2015 saw the removal of the statutory option of a motorist’s breath sample with an optional blood or urine sample if the breath sample was borderline over the limit at 50 g or below in breath.
However, despite this removal of a safeguard for the accused, the pressure to review and reduce the drink driving limit is mounting more than ever before.
It may seem an obvious question but when we analyse the countries that have already taken this step, it seems that investing more heavily in education would make more sense. Rather than spending millions on a further law change that would undoubtedly criminalise otherwise law abiding motorists.
Ireland were the first to make the move to lower the drink driving limit back on 8th October 2012. They reduced the level of alcohol permitted from 0.8 (80 mgs/100mls) to 0.5 (50mg/100mls). They also introduced a further lower limit of 0.2 (20 mgs/ 100mls) “specified” drivers listed below:
Lower Limit of 0.2 (20 mgs/ 100mls) for “Specified” Drivers |
---|
A holder of a learner permit |
Holder of a first driver licence (for category of vehicle being driven) within 2 years of issue |
Holder of a C, C1, D, D1, EB, EC, EC1, ED, ED1 or W category |
Holder of a SPSV licence whilst driving in the course of business |
Person not holding a driving licence for the category of vehicle being driven |
Furthermore if no licence is produced at scene, the person is tested at the lower limit |
Reports suggest that despite the limit being lowered, the attitude of Irish motorists towards the drink driving limit has been mixed. With a campaign to allow motorists to drink drive in rural areas being taken to the highest level!
Scotland introduced the lower drink driving limit of 50mg of alcohol in every 100ml of blood at the end of 2014. This was in an effort to reduce the number of alcohol related accidents and fatalities. However, there have been numerous reports since then that the reduction in the drink driving limit has not had the intended effect and offending rates are no different from before the limit was reduced.
Regardless of the arguments for and against lowering the UK drink driving limit. There is no getting away from the fact that along with Malta, we have the highest blood alcohol limit in Europe. Most importantly, as shown in this table below with alcohol limits shown in grams per litre.
It is also notable that many other countries have lower drink driving limit levels for commercial and novice drivers.
Country | Standard | Commercial drivers | Novice drivers |
---|---|---|---|
Austria | 0.5 | 0.1 | 0.1 |
Belgium | 0.5 | 0.2 | 0.5 |
Bulgaria | 0.5 | 0.5 | 0.5 |
Croatia | 0.5 | 0.0 | 0.0 |
Cyprus | 0.2 | 0.2 | 0.2 |
Czech Republic | 0.0 | 0.0 | 0.0 |
Denmark | 0.5 | 0.5 | 0.5 |
Estonia | 0.2 | 0.2 | 0.2 |
Finland | 0.5 | 0.5 | 0.5 |
France | 0.5 | 0.5 (0.2 bus drivers) | 0.2 (from Jul 2015) |
Germany | 0.5 | 0.0 | 0.0 |
Greece | 0.5 | 0.2 | 0.2 |
Hungary | 0.0 | 0.0 | 0.0 |
Ireland | 0.5 | 0.2 | 0.2 |
Italy | 0.5 | 0.0 | 0.0 |
Latvia | 0.5 | 0.5 | 0.2 |
Lithuania | 0.4 | 0.0 | 0.0 (from Jan 2015) |
Luxembourg | 0.5 | 0.2 | 0.2 |
Malta | 0.8 | 0.8 | 0.8 |
Netherlands | 0.5 | 0.5 | 0.2 |
Poland | 0.2 | 0.2 | 0.2 |
Portugal | 0.5 | 0.2 | 0.2 |
Romania | 0.0 | 0.0 | 0.0 |
Slovakia | 0.0 | 0.0 | 0.0 |
Slovenia | 0.5 | 0.0 | 0.0 |
Spain | 0.5 | 0.3 | 0.3 |
Sweden | 0.2 | 0.2 | 0.2 |
UK [i] | 0.8 | 0.8 | 0.8 |
Switzerland | 0.5 | 0.0 | 0.0 |
[i] Scotland 0,5 as of December 2014 for all groups. The rest of the UK (England, Wales and Northern Ireland) remain unchanged.
Last updated: July 2015 from The European Transport Safety Council.
†Figures include drink and drug related cases only and include successful appeals but exclude cases lost that are the subject of appeal as at 31st December 2023.
Most people who get in touch with our team of drink driving solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend being over the drink driving limit they face, by using loopholes that apply to the rich and famous! Most importantly, we do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next about your drink driving limit charge.
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our drink driving limit offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Most importantly, many satisfied clients have thanked us for offering this free consultation service. Because it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.
If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator. This will help you to determine the drink driving penalty you may face if convicted.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
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