Drink driving law in England and Wales has remained largely unchanged for decades. However, that may be about to change.
The government has recently announced plans to review and potentially lower the legal drink drive limit, as part of a wider road safety strategy aimed at reducing deaths and serious injuries on UK roads.
So, what exactly is changing—and what could this mean for drivers?
What Is the Current Drink Drive Limit?
At present, the legal limit in England and Wales is:
- 80mg of alcohol per 100ml of blood
- 35 micrograms per 100ml of breath
This is one of the highest limits in Europe, and it has remained unchanged since 1967.
What Changes Are Being Proposed?
The government is consulting on reducing the limit to bring it in line with Scotland and many European countries.
The proposed new limits are:
- 50mg of alcohol per 100ml of blood
- 22 micrograms per 100ml of breath
There are also discussions around:
- Even lower limits for new or novice drivers (potentially near-zero)
- Introducing alcohol interlock devices (“alcolocks”) for convicted offenders
At this stage, these are proposals rather than confirmed law, but they represent a clear direction of travel.
Why Is the Government Making These Changes?
The proposed reforms form part of a broader push to improve road safety.
Key statistics driving this change include:
- Around 1 in 6 road deaths involve drink driving
- The UK currently has one of the highest drink drive limits in Europe
The aim is to:
- Reduce fatalities
- Bring the UK in line with international standards
- Encourage a cultural shift away from drinking any alcohol before driving
What Would This Mean in Practice?
If the limit is reduced, the most important takeaway is this: The margin for error becomes significantly smaller. In real terms, a level of alcohol that may currently be just under the limit could become over the limit under the new rules.
It’s also important to remember:
- Alcohol affects everyone differently
- Factors such as weight, metabolism, food intake and timing all play a role
This means there is no reliable way to “calculate” whether you are safe to drive.
Likely Impact on Criminal Motoring Cases
From a legal perspective, these changes are likely to have a significant impact:
1. Increase in Prosecutions
Lower limits will inevitably lead to more drivers falling over the legal threshold. This means more work for an already overstretched Crown Prosecution Service.
2. More Technical Defences
As more and more drivers are taken to the police station for testing, pressure on officers will be greater than ever.
Therefore technical arguments, such as those regarding the MGDDA procedure, are likely to become more common.
3. Greater Focus on Risk Rather Than Outcome
Courts are already moving toward a risk-based approach. Even where there is no accident or diving appears otherwise normal
Being over the limit is increasingly treated more seriously in itself.
4. Stricter Sentencing Environment
Drink driving already carries a mandatory minimum 12-month disqualification, and potential community orders or custody in more serious cases
With tougher laws , courts are likely to take an even stricter approach.
Things To Note For Drivers
Even though the law has not yet changed, the direction is clear:
- The legal limit is likely to reduce in the near future
- Enforcement is becoming stricter
- Courts are taking a firmer stance
- The safest approach is simple: If you are driving, do not drink.
Final Thoughts
The proposed changes to the drink drive limit represent one of the most significant shifts in UK motoring law in decades. While they are still under consultation, they signal a move toward:
- Lower tolerance
- Increased enforcement
- Harsher consequences
At Verida Legal, we are already seeing how this shift is affecting cases in practice. If you are under investigation or facing a charge, early legal advice is crucial.
If in doubt, seek advice as soon as possible
Get Expert Representation from Verida Legal
If you are charged with drink driving and face a driving ban:
👉 Do not go to court unprepared.
At Verida Legal, we provide:
- Clear advice from the outset
- Strategic case preparation
- Specialist court representation
Speak to our solicitors directly today for immediate support and free initial advice. Call 01942 364493 or leave your details below to request a call back!
