One country, two limits
A learner who passes their test in Glasgow and then drives to Newcastle is subject to two different drink-drive limits on the same journey. GOV.UK says the limits in Scotland are different to the rest of the UK. This article summarises the GOV.UK pages on the drink-drive limit, drink-driving penalties, penalty points and the new-driver rule. The limits are stated for the whole UK, with a separate figure for Scotland. Penalty points and disqualification rules on GOV.UK are generally for Great Britain, and the pages note that endorsement codes and processes in Northern Ireland are different. It is general information, not legal advice.
The limits
GOV.UK gives the limits in three forms. In England, Wales and Northern Ireland, the limit is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood and 107 milligrams per 100 millilitres of urine. In Scotland it is 22 micrograms per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood and 67 milligrams per 100 millilitres of urine.
GOV.UK stresses that it is impossible to say exactly how many drinks this equals, because it is different for each person. It says the effect of alcohol depends on weight, age, sex and metabolism, on the type and amount of alcohol, on what has been eaten recently and on stress levels. For a new driver, the practical message is that the Scottish figure is lower, and that the safest position is not to drive after drinking.
Penalties
GOV.UK sets out the penalties that magistrates may impose, depending on the offence. For driving or attempting to drive while above the limit or unfit through drink, it says a person may get six months’ imprisonment, an unlimited fine and a ban of at least one year, or three years if convicted twice in 10 years. For refusing to provide a specimen of breath, blood or urine, the same maximum penalties are listed. For being in charge of a vehicle while above the limit or unfit through drink, it lists three months’ imprisonment, a fine of up to £2,500 and a possible ban. For causing death by careless driving while under the influence of drink, it lists life imprisonment, an unlimited fine, a ban of at least five years and an extended driving test before the licence is returned.
GOV.UK adds that a person banned for 12 months or more may be able to reduce the ban by taking a drink-drive rehabilitation scheme course, which is at the court’s discretion. It also says that a conviction increases car insurance costs significantly, that an employer will see the conviction on the licence of someone who drives for work, and that it may cause trouble travelling to countries such as the United States.
Penalty points and how long they last
The GOV.UK penalty points page lists the offence codes. Driving or attempting to drive with an alcohol level above the limit carries code DR10 and 3 to 11 penalty points. Driving while unfit through drink, and failing to supply a specimen, carry the same range. Being in charge of a vehicle while above the limit or unfit carries 10 points. The page says that codes DR10 to DR61 must stay on a driving record for 11 years from the date of conviction, and that the DR40 to DR70 codes stay for four years from the date of the offence or the conviction where a disqualification is imposed.
The same page says a person can be disqualified if they build up 12 or more penalty points within three years.
What this means for a new driver
GOV.UK says that a licence will be revoked, meaning cancelled, if the holder gets six or more penalty points within two years of passing their test. Because the range for driving over the limit is 3 to 11 points, a single conviction can reach that threshold, so a newly qualified driver may lose the licence as well as face a ban. The GOV.UK page also says that penalty points on a provisional licence carry over to the full licence, and that the licence is cancelled if further points take the total to six or more within two years.
For learners, the same points logic applies to provisional licences. Points earned during the learner period can therefore count towards the six-point limit once the licence is full. The New Drivers Act is covered in more detail in a separate article on this site.
Getting a licence back
GOV.UK says the actual penalty is for the magistrates who hear the case and depends on the offence. It says a driver banned by any UK court because of drink-driving cannot drive anywhere in the UK, and that a driver convicted of causing death while under the influence will not automatically get the licence back if considered a high-risk offender. It also says a driver whose licence is taken away because of drink-driving will have fees to pay to get it back, and that details are on a separate GOV.UK page.
The bottom line
The drink-drive limits are lower in Scotland than in England, Wales and Northern Ireland, and drivers cannot rely on a drink count to stay under either. Penalties include imprisonment, unlimited fines, a ban of at least a year for driving over the limit, and 3 to 11 penalty points, which stay on the record for 11 years. For a driver within two years of passing their test, six points revokes the licence.
Sources
- GOV.UK, “The drink drive limit”
- GOV.UK, “Drink-driving penalties”
- GOV.UK, “Penalty points (endorsements)”