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Do not use this estimate to decide whether you are safe or legally allowed to drive, work, operate equipment, or perform safety-sensitive activities.

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* Legal limits vary by driver type, vehicle and state. This tool cannot determine legal driving status.

Last updated: April 25, 2026

Drink driving penalties UK

Many drivers know the 80 mg limit but are unclear on the actual consequences of being caught over it. Depending on the level, circumstances and any prior offences, the penalties range from a minimum 12-month driving ban and unlimited fine to up to 6 months in prison for a first offence. For causing death while over the limit, the maximum is life imprisonment.

This page gives an overview of the penalties under the Road Traffic Act 1988 and shows why it is worth estimating your BAC before driving rather than relying on luck.

Safety first

Do not drive after drinking. Even when you feel sober, alcohol can impair reaction time, attention, and judgement, and any estimate on this page is a population-level model — not a fitness-to-drive indicator. If you must know whether you are below a legal limit, use a calibrated, type-approved breathalyser, request a blood test, or simply wait. When in doubt, do not drive.

Educational note

Being over the limit: minimum 12-month ban, unlimited fine, possible 6 months in prison and a criminal record. Refusing to provide a specimen carries the same penalties. Causing death while drink driving: up to life in prison.

What the answer depends on

Penalties under the Road Traffic Act 1988 depend on the offence. Driving or attempting to drive while over the limit (s. 5) or unfit through drink (s. 4): up to 6 months' imprisonment, an unlimited fine and a minimum 12-month driving disqualification. Being in charge of a vehicle while over the limit (s. 5(1)(b)): up to 3 months' imprisonment, a fine of up to £2,500 and possible disqualification.

For causing death by careless driving when over the limit (s. 3A), the maximum penalty is life imprisonment under the current sentencing framework. A drink driving conviction also results in a criminal record, significantly higher insurance premiums and potential employment consequences.

How to interpret the result

Most drivers underestimate how quickly the consequences escalate. The difference between a ban with a fine and a prison sentence can depend on circumstances outside the driver's control once on the road — such as whether a police stop reveals impairment or whether an accident occurs.

Prevention is therefore crucial: estimating your BAC before setting off can prevent an avoidable risk from turning into a serious legal consequence.

Common mistakes

Frequently asked questions

What is the penalty for drink driving in the UK?

Minimum 12-month driving ban, unlimited fine and up to 6 months in prison for a first offence (Road Traffic Act 1988, s. 5).

What happens if I refuse a breath test?

Refusing to provide a specimen carries the same penalties as being over the limit.

What is the penalty for causing death while drink driving?

Up to life imprisonment under current sentencing guidelines.

Will I get a criminal record?

Yes. A drink driving conviction results in a criminal record that lasts for a minimum of 5 years (11 years if the disqualification is over 56 months).

How does it affect my insurance?

Premiums increase significantly. Some insurers refuse to cover convicted drink drivers. The conviction code (DR10) stays on the licence for 11 years.

Are penalties different in Scotland?

The penalties structure is similar, but the limit is lower (50 mg vs 80 mg), so more people fall into the offence category.

Can I estimate my BAC before driving?

Yes, using the BAC calculator as a guide. It does not replace a breathalyser, but it is far better than guessing.

How can I minimise my risk?

When in doubt, do not drive. Do not use an online estimate as a driving decision tool.

Estimate based on the Widmark equation with a dynamic absorption curve (Mitchell et al., 2014) and elimination rate per Jones (2010). Methodology .

See also

Use the BAC calculator only to understand metabolism and legal-limit context. It does not assess your specific legal situation.

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