Drink driving: the ban, the fine and what happens next
If you were driving over the limit, the court must ban you from driving for at least 12 months. It has no choice about that. How long the ban is, and whether you get a fine, a community order or prison, depends mostly on your alcohol reading.
A first offence at a lower reading usually means a ban of 12 to 16 months and a fine of about one and a half weeks’ take-home pay. You will have to go to court. Drink driving is never dealt with by post.
Check your own case →About two minutes. It goes straight to the questions about drink driving. Your answers stay on your device.
At a glance
| Ban | At least 12 months, and the court has no choice. At least 3 years for a second offence within 10 years |
|---|---|
| How long the ban is | Set by your reading: 12–16 months at the lowest level, up to 29–36 months at the highest |
| Fine at court | At lower readings, usually 125% to 175% of a week’s take-home pay (Band C) |
| Higher readings | A community order, and at the highest readings prison, instead of a fine |
| Most the court can impose | An unlimited fine and 6 months in prison |
| Shortening the ban | An approved drink-drive course, if the court offers it, usually takes about a quarter off |
| Offence code | DR10 |
What is the limit?
In England and Wales the limits are:
- 35 micrograms of alcohol in 100 millilitres of breath
- 80 milligrams in 100 millilitres of blood
- 107 milligrams in 100 millilitres of urine
Your reading is on the printout the police gave you at the station, or on your charge sheet. Almost everything else on this page depends on it, so find it first.
In January 2026 the government said it wanted to lower the limit in England and Wales, to match Scotland, and asked for views. As at 24 September 2026 the limit has not changed. What counts is the limit on the day you were stopped.
How long will the ban be?
The Sentencing Council sets a starting point for each range of readings. These are for a first offence:
| Your reading | Usual ban | Usual sentence |
|---|---|---|
| Breath 36–59 blood 81–137, urine 108–183 | 12–16 months | A fine |
| Breath 60–89 blood 138–206, urine 184–274 | 17–22 months | A fine, or a low-level community order |
| Breath 90–119 blood 207–275, urine 275–366 | 23–28 months | A community order |
| Breath 120 or more blood 276 or more, urine 367 or more | 29–36 months | Prison is the starting point, up to 26 weeks |
The court then moves up or down. It goes up for things like carrying passengers, a collision, poor driving or earlier convictions. It comes down for things like a genuine emergency or driving only a very short way.
A second drink or drug driving offence within 10 years means a ban of at least three years.
Can the ban be shortened?
Yes, in one way. If you are banned for 12 months or more, the court can offer you a place on an approved drink-drive course. You pay for it. If you finish it in time, the ban is cut by up to a quarter, so a 12-month ban can become 9 months.
Pleading guilty early takes up to a third off the fine. It does not shorten the ban.
Your fine, on your income
At the lower readings the fine is a share of your weekly income after tax. Put your figures in for an estimate. Nothing you type leaves this page.
How the court gets from your income to a fine is explained on the court fine calculator page.
Can the ban be avoided?
Only in a few narrow situations. The law calls them special reasons. The recognised ones are:
- Your drink was spiked, or you were told it had no alcohol in it, you had no reason to doubt that, and without it you would have been under the limit.
- You drove only a very short distance, in circumstances where there was little chance of meeting other people or traffic.
- A genuine emergency, where there was truly no other way of dealing with it.
Special reasons are not about hardship. Losing your job is not a special reason. They have to be proved with evidence, usually at a hearing, and they must be raised before you are sentenced.
Separately, you may have a defence to the charge itself: for example if you were not actually driving, if you drank after you stopped driving, or if the test was not carried out properly. Each of these needs looking at on the facts. The checker asks about all of them.
In charge, but not driving
Sitting in a car over the limit, with the keys, can be the separate offence of being in charge of a vehicle (code DR40). There is no automatic ban. The court gives 10 points, or it can ban you instead. You have a defence if you can show there was no likelihood of you driving while you were still over the limit.
Refusing a test
Failing to give a breath, blood or urine sample without a reasonable excuse (code DR30) carries the same automatic ban of at least 12 months when you had been driving. The court treats it as seriously as a high reading. A genuine medical reason can be a reasonable excuse.
What else happens
- Your record. A drink driving conviction stays on your driving record for 11 years.
- Getting your licence back. If your reading was very high (breath 87.5 or more, blood 200, urine 267.5), if you refused a test, or if this is your second drink driving ban within 10 years, the DVLA treats you as a high risk offender. You will need a medical before you can drive again.
- Insurance and work. Insurers will ask about the conviction and it will cost more for several years. If you drive for work, or hold a taxi, lorry or bus licence, there are usually people you must tell.
What should I do now?
- Find your reading. It sets almost everything else.
- Go to court on the date you were given. If you do not, the court can issue a warrant for your arrest.
- Before you plead, check whether a special reason or a defence might apply. They have to be raised before you are sentenced, not after.
Check your own case →About two minutes. It goes straight to the questions about drink driving. Your answers stay on your device.
Common questions
Is a drink driving ban automatic?
Yes, if you were driving or trying to drive over the limit, or you refused a test after driving. The court must ban you for at least 12 months unless a special reason is proved. Being in charge of a vehicle over the limit, without driving, does not carry an automatic ban.
How long is a drink driving ban for a first offence?
It depends on your reading. At the lowest level (breath 36 to 59) the usual ban is 12 to 16 months. At the highest (breath 120 or more) it is 29 to 36 months. A drink-drive course can cut the ban by up to a quarter.
Will I go to prison for drink driving?
Not usually at lower readings, where the sentence is normally a fine. From a breath reading of 90 a community order is the starting point, and from 120 the starting point is prison. The most a magistrates' court can give is 6 months.
Does pleading guilty reduce a drink driving ban?
No. An early guilty plea takes up to a third off a fine or a prison sentence, but not off the ban. The only way to shorten the ban is a drink-drive course, if the court offers one.
How long does drink driving stay on my licence?
A drink driving conviction stays on your driving record for 11 years.
What is the drink drive limit in England?
35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. The government has proposed lowering it, but as at 24 September 2026 it has not changed.
Sources: Road Traffic Act 1988, section 5; Road Traffic Offenders Act 1988, sections 34 and 34A; Sentencing Council, Excess alcohol (drive/attempt to drive) and Excess alcohol (in charge); Department for Transport, Road Safety Strategy (January 2026). This page is information about the law in England and Wales, not legal advice on your case. Law stated as at 24 September 2026.