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.