The breath limit is 35 micrograms of alcohol per 100 millilitres in England, Wales and Northern Ireland, and 22 in Scotland, according to GOV.UK’s drink drive limit page. Those numbers are the starting point for a question a date can raise: what if the person offering a lift has been drinking, or has taken something? This guide sets out what GOV.UK and the Highway Code say about the driver’s legal position. It is general information, not legal advice.
The pages used were read on 25 October 2026: GOV.UK’s “The drink drive limit”, “Drink-driving penalties” and “Drugs and driving: the law”, and Highway Code rules 95 and 96. The Highway Code applies to England, Scotland and Wales. The penalties page does not name a nation, so it is reported without one.
The legal limits, side by side
| Measure | England, Wales and Northern Ireland | Scotland |
|---|---|---|
| Micrograms per 100 millilitres of breath | 35 | 22 |
| Milligrammes per 100 millilitres of blood | 80 | 50 |
| Milligrammes per 100 millilitres of urine | 107 | 67 |
GOV.UK also says a person banned by any UK court because of drink-driving cannot drive anywhere in the UK.
Why “I only had one” is not a measurement
GOV.UK says there are strict alcohol limits, but it is impossible to say exactly how many drinks they equal, because it differs for each person. It lists what the effect depends on: weight, age, sex and metabolism; the type and amount of alcohol; what has been eaten recently; and stress levels at the time.
Highway Code rule 95 goes further on how alcohol affects driving. It says alcohol gives a false sense of confidence, reduces co-ordination and slows reactions, affects judgement of speed, distance and risk, and reduces driving ability even below the legal limit. It also says alcohol takes time to leave the body, so a person may be unfit to drive in the evening after drinking at lunchtime, or in the morning after drinking the previous evening.
Drugs and medicines
GOV.UK says it is illegal to drive if unfit because of legal or illegal drugs, or with certain levels of illegal drugs in the blood even if driving has not been affected. Legal drugs include prescription and over-the-counter medicines. The police can stop a driver they think is on drugs and require a field impairment assessment, and can use a roadside kit to screen for cannabis and cocaine.
For prescribed medicines, GOV.UK says it is illegal in England, Scotland and Wales to drive with legal drugs in the body if driving is impaired, and that it is an offence to drive over the specified blood limits of certain drugs without a prescription for them. It adds that the law it describes in that section does not cover Northern Ireland, though a driver there could still be arrested if unfit. Rule 96 says illegal drugs have been specified at very low levels, so even small amounts could be above the limits.
What the penalty pages say
GOV.UK says the actual penalty is up to the magistrates who hear the case and depends on the offence. For drink-driving it lists, as things a person may get:
- In charge of a vehicle while over the limit or unfit through drink: 3 months’ imprisonment, a fine of up to £2,500 and a possible driving ban.
- Driving or attempting to drive over the limit or unfit through drink: 6 months’ imprisonment, an unlimited fine and a ban of at least 1 year (3 years if convicted twice in 10 years).
- Causing death by careless driving when under the influence of drink: life imprisonment, an unlimited fine and a ban of at least 5 years.
For drug driving it says a person may get a minimum 1-year ban, an unlimited fine, up to 6 months in prison and a criminal record, with the conviction showing on the licence for 11 years.
What these pages do not cover
All of this concerns the driver. None of the pages gives advice to a passenger, and none says how to judge whether a particular driver is over a limit. Rule 95 says the best solution is not to drink at all when planning to drive and, for anyone who is going to drink, to arrange another means of transport.
For planning the journey home in advance, see the site’s guides to getting home after a date and to alcohol and first dates.
The bottom line
GOV.UK gives different drink-drive limits for Scotland and for England, Wales and Northern Ireland, says no one can say exactly how many drinks reach them, and lists penalties that include imprisonment, unlimited fines and bans. Drug-driving is a separate offence covering medicines as well as illegal drugs. The Highway Code’s own advice for drivers is to arrange other transport if they are going to drink. These pages are about the driver’s legal position and give no guidance for passengers.
Sources
- The drink drive limit, GOV.UK, read 25 October 2026 (gov.uk)
- Drink-driving penalties, GOV.UK, read 25 October 2026 (gov.uk)
- Drugs and driving: the law, GOV.UK, read 25 October 2026 (gov.uk)
- The Highway Code: Rules for drivers and motorcyclists (89 to 102), rules 95 and 96, read 25 October 2026 (gov.uk)
- The Highway Code: Introduction, read 25 October 2026 (gov.uk)