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Current drink driving laws

In England, Wales and Northern Ireland, the legal drink drive limit is 35 micrograms of alcohol per 100ml of breath, equivalent to 80mg per 100ml of blood which is one of the highest legal limits in Europe.

This limit has remained unchanged since 1967, despite long term declines in drink driving deaths and injuries. Penalties for exceeding the limit will include automatic driving bans, financial penalties, and in serious cases imprisonment.

Proposed legislative changes

This month, the UK Government has announced a major road safety strategy that includes significant reforms to drink driving laws:

 

  1. Lowering the drink drive limit

Ministers are considering reducing the limit in England and Wales from 35 micrograms to 22 micrograms per 100ml of breath, bringing it in line with Scotland.

This would also reduce the blood alcohol limit from 80mg to 50mg per 100ml, aligning the UK with many European countries.

 

  1. Alcolocks for offenders

Some convicted drink drivers may be required to install alcohol interlock devices (“alcolocks”) that prevent a vehicle from starting unless the driver passes a breath test.

 

  1. Licence suspension powers

Authorities may gain new powers to routinely suspend driving licences for individuals suspected of drink or drug driving before a court conviction. At present a court can suspend a driving licence between first appearance in Court and any proposed sentence date.

 

  1. Stricter limits for new drivers

For newly qualified drivers within their two year probation period, the limit could fall to around 20mg per 100ml of blood, reflecting concerns about higher collision rates among young motorists.

 

  1. Seizure of vehicles

The government is also considering creating a power to seize vehicles for those arrested for drink (and drug) driving. This would mirror a power already in place for driving with no insurance.

 

Why the changes are being considered

Government data shows that one in six road fatalities in 2023 involved drink driving. Road safety organisations argue that lowering limits and introducing preventative technology could significantly reduce deaths and serious injuries. The new strategy aims to cut such incidents by 65% by 2035.

If you need help with a drink driving offence or a prosecution for any other motoring offences including speeding, drug driving, no licence/insurance or more serious allegations of careless or dangerous driving through to death by cases, here at Slater Heelis we have motoring law experts who can assist you.

Get In Touch

Mike Sophocleous is a Partner in the Crime and Regulatory department. He defends personal and business clients in the most serious criminal and regulatory investigations and is a specialist in all aspects of motoring law from “totting up” to death by dangerous driving.

He has extensive experience defending large scale conspiracy to supply and money laundering cases. He has also developed his practice as a specialist in all aspects of the Proceeds of Crime Act from cash seizure and forfeiture in the Magistrates’ Court and confiscation in the Crown Court through to multi-jurisdictional civil recovery in the High Court.

If you’d like to speak with Mike or one of our other experienced Crime and Regulatory lawyers, please don’t hesitate to contact us by calling 0330 111 3131 or completing our online contact form.

Mike Sophocleous

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