Drink driving is a serious criminal offence in the UK, governed by Section 5 of the Road Traffic Act 1988. It carries significant penalties, including fines, driving bans, and even imprisonment. The offence is so deeply rooted in our legal and social framework that it feels like it has always been part of our system – but when did regulation around drink driving truly begin?
Read on to discover the key milestones and turning points in the history of drink driving legislation and how they have shaped the rules we follow today.
When Did Drink Driving Become Illegal in the UK?
The UK has a surprisingly long history of prohibiting drink driving, with laws dating back to the era of horse-drawn carriages. As motor vehicles became more widespread, the law evolved to keep pace. However, it wasn’t until the 1967 Road Safety Bill that the government formally introduced a legal alcohol limit and enforced testing measures.
This landmark Act set the legal limit at 80 milligrams of alcohol per 100 millilitres of blood (80mg/100ml). If this measurement sounds familiar, that’s because the measurement remains the limit in England, Wales, and Northern Ireland to this day, over half a century later. So, how did we get here? Continue reading to learn about the key milestones leading up to this pivotal bill.
Please Note: If you’ve recently been charged with driving over this limit, Parnell and Peel are here to help. As leading motor offence solicitors, we offer expert legal support and guidance during this challenging time. Please call us on 033 03411690 or submit a confidential online enquiry to discuss your case, with no obligation to proceed with our services.
When Did Drink Driving Become Illegal UK: The Key Milestones
1872: The Licensing Act
Even before cars dominated the roads, legislation existed against driving under the influence of alcohol. For instance, in 1872, it became illegal to be ‘drunk’ while in charge of common transportation like horses, carriages, cattle, or steam engines.
The penalty for this offence included a fine of up to 40 shillings. In more serious cases, such as if people or animals were harmed or killed, offenders could face imprisonment. This term usually lasted no longer than a month, although it could involve hard labour.
1925: The Criminal Justice Act
By the turn of the 20th century, the British motor industry was revving up, and cars were more commonplace on the UK’s roads. The law adapted to reflect this change. In 1925, The Criminal Justice Act made it a crime to be drunk while in charge of any mechanically-propelled vehicle on a highway or other public place.
Penalties for this offence included a fine of up to 50 pounds, a possible prison sentence of up to four months, and disqualification from holding a driving license for a minimum period of 12 months.
1930: The Road Traffic Act
Shortly after, in 1930, The Road Traffic Act moved the needle. It declared that it was an offence to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place while being ‘under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle’.
This piece of legislation expanded liability to include not just driving but also attempting to drive. However, it still lacked a precise, quantifiable measure of what constituted being ‘under the influence’, leaving much to interpretation.
1962: The Road Traffic Act (The Marples Act)
The Road Traffic Act of 1962 reinforced the message that it was an offence for any person to drive, attempt to drive or be in charge of a motor vehicle if their ‘ability to drive properly was for the time being impaired’. However, this Act was notable because it introduced the possibility of using blood, urine, or breath samples for alcohol analysis.
Failing or refusing to provide a specimen was not yet an offence. However, refusal without reasonable cause could be considered as ‘supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defence’. This 1962 iteration of the Road Traffic Act became known as The Marples Act, after Ernest Marples, the then Minister of Transport.
1967: Road Safety Act (The Introduction of the Maximum Legal Drink Drive Limit)
In 1967, the UK government made it an offence to drive a vehicle with a blood alcohol concentration (BAC) over 80 milligrams of alcohol per 100 millilitres of blood (80mg/100ml). The Act was groundbreaking because it finally set a clear, legal threshold for what constituted an ‘excess’ of alcohol in the body. This limit remains today for England, Wales, and Northern Ireland. However, in 2014, Scotland brought in a stricter legal limit of 50 milligrams of alcohol per 100 millilitres of blood (50mg/100ml).
The Road Safety Act also marked the beginning of the rollout of breathalysers, enabling police to test drivers’ BAC levels to gauge the level of intoxication at the roadside. Before this, prosecutions relied heavily on subjective tests and police observations.
Finally, the Act made it an offence to fail to provide an ‘evidential’ blood or urine specimen for laboratory testing without reasonable excuse. Refusing a breath test without reasonable excuse also became an offence, with penalties including arrest without warrant and a fine of up to £50.
1981: Evidential Breath Testing
After years of trialling various breath-testing devices at the roadside, the Lion Intoximeter 3000 was approved and introduced in 1983. This machine produced scientifically accurate and reliable results, which could be used as solid evidence for prosecution in the Magistrates’ Court.
Speak with Parnell and Peel for Further Expert Insights
Although regulations have continued to evolve since the landmark 1967 Act, the Act undoubtedly set the foundation for the legal limits and testing procedures still used today.
If you’ve been charged with driving over the legal limit and are uncertain about your next steps, you don’t have to face the charge alone. Contact our specialist drink-driving solicitors as soon as possible for expert guidance. With decades of experience, we know how to build strong technical defences that can turn the tide in your favour – even when the odds seem stacked against you.
Call us today on 033 03411690 or submit a free online enquiry. All communications are confidential, and you are not obliged to proceed with our services. Are you curious to see the difference we can make? Explore our Client Testimonials and Case Studies to learn more about the results we can achieve.