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Road Traffic Act 1988
Updated June 2026

🍺 Can I drive after one drink?

With conditions
Quick answer

Legally there's no offence in simply having a drink — but there's no safe amount, and going over the limit is a serious crime. The drink-drive limit in England, Wales and Northern Ireland is 80mg of alcohol per 100ml of blood (35 micrograms in breath); Scotland is lower at 50mg (22 micrograms breath). Crucially, there's no reliable "number of drinks" that keeps you under — it depends on your weight, sex, age, metabolism, what and when you've eaten, and the drink itself. It's also an offence to be "in charge" of a vehicle while over the limit (for example sitting in it with the keys), even without driving, and refusing to provide a specimen carries the same level of penalty as drink-driving. Only zero is guaranteed safe. In short: one drink may or may not be legal — and never worth the risk.

📋 The rules

  • Limit: 80mg blood in England, Wales & NI
  • Scotland is lower at 50mg
  • No safe number of drinks
  • Being 'in charge' over the limit is an offence
  • Refusing a specimen is penalised like drink-driving

🔓 Exceptions

  • An 'in charge' defence if you prove no likelihood of driving while over
  • A 12-month+ ban may be cut via the Drink-Drive Rehabilitation Scheme
  • 'Morning after' — you can still be over the limit hours later

⚠️ Penalties & fines

Driving or attempting to drive over the limit, or refusing a specimen, can mean up to 6 months' prison, an unlimited fine, and a ban of at least 12 months (at least 3 years if convicted twice in 10 years). Being "in charge" while over the limit: up to 3 months' prison, a fine up to £2,500, and a possible ban. Causing death by careless driving when over the limit can bring life imprisonment, an unlimited fine, and a ban of at least 5 years with an extended re-test. Flag: a Government consultation (Jan–May 2026) proposes lowering the England and Wales limit to Scotland's 22 micrograms — that's not yet law, so 80mg/35µg still apply. Beware a myth: "one pint or glass of wine keeps me legal" is false — there's no guaranteed-safe amount, and the limit is lower in Scotland. The safe rule: don't drink and drive at all.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I drive after one drink?

There's no offence in having a drink, but no amount is guaranteed safe. A single drink could put some people over the limit, depending on their weight, sex, age, metabolism and whether they've eaten. The only way to be certain you're legal and safe is not to drink any alcohol before driving.

What is the drink-drive limit?

In England, Wales and Northern Ireland the limit is 80 milligrams of alcohol per 100 millilitres of blood, or 35 micrograms in breath. Scotland has a lower limit of 50 milligrams of blood, or 22 micrograms in breath. There's no safe way to convert that into a fixed number of drinks.

Can I sleep in my car after drinking?

Be careful — it can still be an offence. Being 'in charge' of a vehicle while over the limit is a crime even if you're not driving, for instance sitting in the driver's seat with the keys. You may have a defence if you can show there was no likelihood of you driving while still over the limit.

What's the penalty for drink-driving?

Driving over the limit, or refusing to give a specimen, can mean up to six months in prison, an unlimited fine and a driving ban of at least 12 months. The ban rises to at least three years for a second offence within ten years. Causing death while over the limit can carry a life sentence.

Could I still be over the limit the next morning?

Yes. Alcohol leaves the body slowly, so you can still be over the limit hours after your last drink, including the morning after a heavy night. The amount of sleep, coffee or food you have doesn't speed it up. If in doubt, don't drive — many drink-drive convictions happen the morning after.

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