The season of Christmas is upon us, bringing a mix of planned social events and spontaneous get-togethers. While the festive period is a time for celebration, it’s also a time to be extra mindful of safety – especially when driving.
In the UK, drink driving is a serious offence with potentially life-altering consequences. You could face heavy penalties if you’re caught behind the wheel over the legal limit, even if the alcohol you consumed was from the night before. Being unaware that you’re over the limit is not a valid defence, making it crucial to understand the regulations and how alcohol can linger in your system.
In this article, we’ll explore the legal limits, when it’s safe to drive after drinking, and how to stay safe this Christmas when alcohol is part of your plans.
Driving in the Morning After Drinking Alcohol
Driving under the influence of alcohol impairs crucial functions such as judgement, reaction times, coordination, vision, and behaviour – factors that can lead to severe and tragic consequences. What many people don’t realise is that, depending on how much alcohol you consume, you could still be over the legal limit the following morning and even into the afternoon. You may feel fine, but that doesn’t mean you’re legally safe to drive.
Drink Driving Penalties:
If the police stop you and you’re over the alcohol limit, even if it’s the next day, you face serious consequences, such as:
- A criminal record
- An unlimited fine (up to £5,000)
- An automatic minimum 12-month driving ban (or three years if convicted twice within 10 years)
- Up to six months in prison (though this is rare for first-time offenders, it is possible in severe cases)
Simply claiming ignorance of your alcohol level is not a valid legal defence, so being aware of the law is essential to protect yourself and others on the road.
If you’re already facing a drink driving charge, please contact Parnell and Peel for immediate and confidential assistance. We understand the stress this can have on your life and are here to help. Call our specialist solicitors at 033 03411690 or make a free online enquiry with zero obligation today.
Drink Driving: Understanding Legal Limits
In the UK, there are strict limits on the amount of alcohol you can have in your system while driving. These limits are based on the alcohol detected in your breath, blood, or urine. Understanding and adhering to these limits is crucial, as driving while exceeding the specified legal limit is a criminal offence.
What’s the drink drive limit in England, Wales and Northern Ireland?
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
What’s the drink drive limit in Scotland?
Since 2014, Scotland has enforced stricter limits than England, Wales, and Northern Ireland. These limits are:
- 50 milligrammes of alcohol per 100 millilitres of blood
- 22 micrograms of alcohol per 100 millilitres of breath
- 67 milligrammes per 100 millilitres of urine
When Is It Safe to Drive After Drinking?
Knowing when it’s safe to drive after drinking can be tricky. On average, your liver removes one unit of alcohol from your body in an hour. However, this varies from person to person. For example, the following factors can affect how long alcohol stays in your system:
- The type of alcohol consumed
- Your weight
- Your metabolism (the rate your body uses energy)
- The time that has passed since drinking
Ultimately, alcohol affects people differently, and its effects can be unpredictable. When even small amounts of alcohol can impair your ability to drive, the most sensible approach is not to take the risk the next day.
How Many Drinks Can You Have and Drive?
As previously emphasised, alcohol affects everyone differently, so there’s no definitive answer to how many drinks will keep you under the legal limit. To stay safe, we strongly suggest that if you have any alcohol in your body, do not drive.
To illustrate how the same amount of alcohol can impact different people, we’ve applied a Blood Alcohol Content (BAC) calculator to a typical real-life scenario: driving into work after drinking on a weeknight.
What is BAC?
Blood Alcohol Content (BAC) measures the amount of alcohol in your bloodstream. It is typically expressed as milligrams of alcohol per 100 millilitres of blood (mg/100ml). The legal driving limits are as follows:
- England, Wales & Northern Ireland: 80mg of alcohol per 100ml of blood (0.08% BAC)
- Scotland: 50mg of alcohol per 100ml of blood (0.05% BAC)
What is a BAC Calculator?
A BAC calculator is a useful tool that estimates a person’s BAC at a given time, considering factors such as gender, weight, the number of drinks consumed, alcohol percentage, and the time over which alcohol was consumed. However, it’s important to remember that it’s not precise enough to determine whether you can drive. If you’re in doubt, don’t drive. Always prioritise safety, use common sense, and stay on the side of caution.
Important Note: A BAC calculator is a helpful educational tool, but it’s not precise enough to determine whether you can drive. If you’re in doubt, don’t drive. Always prioritise safety, use common sense, and stay on the side of caution.
Example Scenario: Driving into Work After Drinking on a Weeknight
Let’s set the scene: It’s a weeknight, and you enjoy a few festive drinks with friends. Before you know it, it’s 1 am, and you realise you must drive into the office at 7 am. The question is: Are you safe to drive when 7 am comes around?
Below, we’ve outlined a couple of typical drinking scenarios for a female and a male of average weight, showing how the same amount of alcohol can impact their estimated BAC at 7 am. We’ve also displayed how this compares to legal limits, depending on your location in the UK. Please note that this example is for educational purposes only and should not be construed as advice.
Female (11 Stone, Average Weight):
| Drinks Consumed | Estimated BAC at 7 am | England, Wales & Northern Ireland Legal Limit | Scotland Legal Limit |
| 2x 175ml glasses of wine (11% ABV)
3x 50ml spirits (37.5% ABV) | 0.10445% | 26.5% over | 70.5% over |
| 8x pints of beer (4.5% ABV) | 0.32965% | 121.8% over | 147.3% over |
| 1x 750ml bottle of wine (11% ABV) | 0.07931% | 0.9% under | 45.3% over |
Male (13.16 Stone, Average Weight):
| Drinks Consumed | Estimated BAC at 7 am | England & Wales Legal Limit | Scotland Legal Limit |
| 2x 175ml glasses of wine (11% ABV)
3x 50ml spirits (37.5% ABV) | 0.03243% | 84.6% under | 42.6% under |
| 8x pints of beer (4.5% ABV) | 0.17421% | 74.1% over | 110.8% over |
| 1x 750ml bottle of wine (11% ABV) | 0.01660% | 131.2% under | 100.3% under |
Planning Ahead: How to Stay Safe and Avoid Driving Under the Influence
Ultimately, when you’ve been drinking, there’s no guaranteed way to make sure all the alcohol is out of your system by the time you wake up the next day. The most sensible approach is simple: plan and don’t take the risk if you’re uncertain about being fit to drive.
Here are some other actionable tips you can implement to stay safe this festive season:
- Ask a Friend: If you’re uncertain about your alcohol levels, ask a sober friend to drive you where you need to go. It’s a safer choice than risking driving yourself.
- Use Taxis: Calling a taxi or private hire vehicle is another great option. Booking these services in advance is even better, as it removes any temptation to drive.
- Use Public Transport: When relying on public transport, check bus or train schedules ahead of time to avoid delays and prevent last-minute driving decisions.
- Explore Alcohol-Free Options: Opt for alcohol-free drinks or mocktails throughout the night. This way, you can enjoy the festivities without compromising your driving ability.
Speak to Our Drink Driving Solicitors in Complete Confidence.
Facing a drink driving charge can be a stressful and overwhelming experience. If you’re in this situation, Parnell and Peel’s specialist team of motor offence lawyers are here to help. With over 20 years of experience, we can help you explore the best legal options, build solid defences, and work toward achieving your desired outcomes – even when the odds seem stacked against you.
View our case studies and impressive client testimonials to see how we’ve helped others in your position. Then, chat with a team member for free by calling 033 03411690 or filling out an online enquiry form. Rest assured, all enquiries are treated with the utmost confidentiality, and there’s no obligation to proceed with our services.
