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Criminal Defence | England & Wales

Drink driving and failing to provide a specimen

The legal limits, the mandatory driving ban, the difference between driving and being in charge, and when a ban can be avoided or shortened.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Driving or attempting to drive over the prescribed limit carries a mandatory disqualification of at least 12 months, rising to at least 3 years for a second drink or drug driving conviction within 10 years. Failing without reasonable excuse to provide a specimen for analysis carries the same mandatory ban. The ban can be avoided only if the court finds special reasons, and it can usually be reduced by completing an approved drink-drive rehabilitation course. The current limits in England and Wales are 35 micrograms of alcohol in 100ml of breath, 80mg in 100ml of blood and 107mg in 100ml of urine.

Legal issues

The main offences

  • Excess alcohol (Road Traffic Act 1988, section 5): driving, attempting to drive, or being in charge of a vehicle over the limit.
  • Unfit through drink or drugs (section 4).
  • Specified drugs over the limit (section 5A).
  • Failing to provide a specimen (section 7(6)) or to allow a blood specimen to be analysed (section 7A).

Driving or in charge

Being in charge but not driving carries 10 penalty points or a discretionary ban, not the mandatory 12 months. There is a statutory defence if there was no likelihood of driving while still over the limit.

Proposed lower limit

The Government's Road Safety Strategy (January 2026) proposes lowering the limit to match Scotland. That is a proposal, not yet law; the limits above still apply.

Evidence that matters

The case usually turns on the evidential breath or blood procedure at the station: the device, the warnings given, the timing and the custody record. CCTV and body-worn footage can show whether the procedure was followed.

Reasonable lines of enquiry

Points a solicitor checks

  • Whether you were driving, attempting to drive or only in charge.
  • Whether the statutory warning was given and the procedure followed.
  • For failing to provide: whether there was a medical or other reasonable excuse, and whether it was raised at the time.
  • Whether special reasons exist, such as a laced drink or a genuine emergency over a very short distance.

What happens next

Most cases are charged or sent a postal requisition and heard in the magistrates' court. The court applies the Sentencing Council guideline, which sets the length of ban and the type of sentence by reading level. On a guilty plea, sentence is often passed at the first hearing.

Immediate steps

  • Keep the paperwork you were given at the station.
  • Write down what happened while you remember it: times, what you drank, where you were going.
  • Get advice before the first hearing, especially if you want to argue special reasons or not guilty.

What should you send us?

Send the charge sheet or requisition, any reading slip, the court date and your driving licence details.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We review the procedure and evidence, advise on plea, argue special reasons where they exist, and present mitigation to keep the ban as short as possible. See criminal defence.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I avoid a ban for drink driving?

Only if the court finds special reasons, which relate to the offence itself, not to hardship. Losing your job is not a special reason.

What is the drink-drive course?

For bans of 12 months or more, the court can offer an approved rehabilitation course. Completing it usually reduces the ban by up to a quarter.

How long does a drink-driving conviction stay on my licence?

Drink and drug driving endorsements stay on the driving record for 11 years.

NEXT STEP

Get advice on a drink-driving charge

Call 0843 636 7687 or email [email protected] with your court date.

Get advice on a drink-driving charge