Home / United Kingdom (England & Wales) / DUI / drink driving
DUI / drink drivingPossibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
s.5(1)(a) driving / attempting to drive with excess alcohol — summary onlyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 6 months
- Fine
- Unlimited fine (level 5 on the standard scale)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Obligatory disqualification. Prescribed limits (RTA s.11): 35 µg alcohol / 100 ml breath, 80 mg / 100 ml blood, 107 mg / 100 ml urine.
s.5(1)(b) in charge of a motor vehicle with excess alcohol — summary onlyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 months
- Fine
- £0–£2,500 (level 4 on the standard scale)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Disqualification discretionary. 'No likelihood of driving' defence in s.5(2).
s.4(1) driving / attempting to drive while unfit through drink or drugs — summary onlyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 6 months
- Fine
- Unlimited fine (level 5 on the standard scale)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Obligatory disqualification.
s.4(2) in charge while unfit through drink or drugs — summary onlyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 months
- Fine
- £0–£2,500 (level 4 on the standard scale)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Disqualification discretionary.
s.5A driving / attempting to drive with a specified controlled drug above the specified limit — summary onlyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 12 months (general limit in a magistrates' court)
- Fine
- Unlimited fine (level 5 on the standard scale)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Obligatory disqualification. Drug limits are set in regulations; the statute sets no alcohol-style threshold. Sch 2 still shows the pre-2023 '51 weeks' wording; the operative summary maximum is the 12-month general limit.
s.3A causing death by careless driving when under the influence of drink or drugs — on indictmentPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – life
- Fine
- Unlimited fine
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Obligatory disqualification. Maximum raised from 14 years to life by the Police, Crime, Sentencing and Courts Act 2022.
Drink-driving itself (s.5) is summary-only. Disqualification is part of the sentence: obligatory for driving offences, discretionary for 'in charge' offences. Minimum disqualification periods (Road Traffic Offenders Act 1988 ss.34–35) are not stated here — see verificationNote.