Drink driving is considered a serious criminal offence in the UK today, but its regulation has evolved over more than a century. The UK government has steadily increased awareness, enforcement, and penalties related to alcohol impairment behind the wheel. Here’s how drink driving laws developed into what they are today.

A Brief History of Drink Driving Laws in the UK

The act of drink driving has been regulated in the UK since the 19th century, but it wasn't always as clearly defined as it is today. The first mention came in 1872, where being drunk while handling carriages or animals was outlawed under the Licensing Act. Over time, as vehicles evolved, so did the laws. It became illegal to operate mechanically-propelled vehicles under the influence in 1925, and by 1967, official legal limits on blood alcohol content were introduced, marking a turning point in how drink driving was treated as a criminal offence.

The Legal History of Drink Driving in the UK

The UK's crackdown on alcohol-impaired driving began long before cars dominated roads:

1872 – The Licensing Act

It became illegal to be drunk while in charge of carriages, horses, cattle, or steam engines. While not yet a traffic offence, it laid the foundation for future motoring offences and road safety laws.

1925 – Criminal Justice Act

This act made it a crime to be intoxicated while controlling any mechanically-propelled vehicle in public. This broadened enforcement to include early motor vehicles.

1930 – Road Traffic Act

This major change made it illegal to drive, attempt to drive, or be in charge of a vehicle while under the influence of alcohol or drugs, even if the vehicle was not moving. A parked car could still count if the driver showed intent, meaning it didn’t necessarily involve driving.

The Modern Legal Alcohol Limit

1967 – Drink-Drive Limit Introduced

The legal blood alcohol content (BAC) limit was officially set at 80mg of alcohol per 100 millilitres of blood. This move made exceeding the legal drink drive limit a punishable drink driving offence, which could result in a driving ban, fine, or even a prison sentence.

1968 – Breathalysers Introduced

Police officers gained the power to carry out evidential breath testing at the roadside. This dramatically improved road safety and reduced road traffic accidents.

1983 – High-Risk Offender Scheme Launched

This scheme targeted repeat offenders and convicted drink drivers with alcohol problems, requiring medical proof of sobriety before driving licences could be reissued.

1988 – Road Traffic Act Revised

The Act was updated to strengthen enforcement through better alcohol analysis, handling of drug driving, and management of repeat offenders.

1991 – Rehabilitation Courses Introduced

These rehabilitation courses were offered to offenders, helping them reduce driving bans and promoting safer driving habits.

1995 – Campaign Against Drink Driving (CAAD)

A charity was launched to educate novice and professional drivers about the risks of alcohol impairment, supported by the British motor industry and road safety initiatives.

2014 – Scotland Lowers Its Legal Limit

Scotland diverged from the rest of the UK by lowering its prescribed limit to 50mg per 100ml of blood, aligning more closely with Europe. Northern Ireland considered similar changes.

Drink Driving Today: The Law & Penalties

Drink driving is classified as a criminal offence and is treated with the utmost seriousness in the UK legal system. A conviction for a drink driving offence can result in a variety of penalties, depending on the severity of the case and whether it's a repeat offence. These include:

• A driving ban (minimum 12 months)
• An unlimited fine
• Up to six months in prison
• A criminal record, which can impact your employment and travel

These penalties may be accompanied by compulsory rehabilitation courses, significantly higher insurance premiums, and medical testing through the vehicle licensing agency before reinstating your driving license.

More serious cases, such as those involving road traffic accidents, causing death, or refusal to provide a sample, may lead to up to two years in prison. Causing death by careless driving through the influence of drink or drugs carries a maximum sentence of 14 years imprisonment.

Criminal Offence

Drink driving is a criminal offence in the UK, and not just a civil matter. A conviction will appear on your criminal record and can impact everything from international travel to employment opportunities. Depending on the severity, a first-time offender may receive a fine, driving ban, or community service. In more serious cases, especially those involving road traffic accidents, a prison sentence is possible. The law treats drink driving as a serious criminal offence due to the significant risk it poses to other road users and pedestrians.

Drink Driving Offence

A drink driving offence refers to any legal breach involving driving a motor vehicle while over the legal alcohol limit. This includes attempting to drive, or even being in charge of a parked car, if there is evidence of alcohol consumption and intent to drive. Offences may also involve refusing a breath test, failing to provide a sample, or being caught over the legal drink drive limit. Convictions for this offence can trigger the High-Risk Offender Scheme, automatic disqualification, and in some cases, mandatory rehabilitation courses.

Driving Ban

A driving ban is one of the most common penalties for a drink driving offence. The minimum ban is typically 12 months but can extend to up to four months, or even longer for repeat offenders. Professional drivers may face severe consequences, including job loss and increased scrutiny from licensing bodies. A ban not only limits your mobility but also affects your driving licence status and future car insurance premiums. Some drivers may be eligible to reduce the ban by completing an approved rehabilitation course.

What Triggers a Breath Test?

Police officers have the authority to request a breath test under several conditions. If they suspect you are under the influence of alcohol, believe you've committed a traffic offence, or if you’ve been involved in an accident, they can legally ask you to take the test. Refusing to comply without a reasonable cause is itself a criminal offence and may result in a minimum driving ban, fines, or further legal penalties.

Evidential Breath Testing

Evidential breath testing involves using calibrated devices to measure the level of alcohol in a driver's breath. These results are legally admissible in court and form the basis of prosecution for drink driving offences. If a driver is found to have exceeded the legal alcohol limit, the breath test serves as primary evidence. This process ensures consistent enforcement of road safety laws and provides an objective method for determining alcohol impairment.

Final Thoughts

Drink driving laws in the UK have come a long way since the British motor industry emerged. With modern evidential breath testing and harsher penalties, the goal is to keep road users safe and reduce alcohol-related motoring offences.

If you’re unsure about your rights, legal limits, or what counts as being in charge of a vehicle whilst under the influence, it’s always better to avoid driving altogether. Even one drink can affect your judgment.