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ROAD TRAFFIC ACCIDENT

Drink Driving: The Risks, the Law and What’s at Stake

Author Sarah Ouko Partner & Solicitor
Last Updated

Through the experiences of our clients, we see the true implications that choosing to drink and drive can have on the lives of innocent people. 

Collisions involving drivers over the legal alcohol limit continue to result in serious injury and loss of life. For those charged, the legal consequences are significant and often life-changing, affecting families, careers, personal freedom and the ability to drive. 

Yet despite widespread awareness of the risks and the law, drink driving remains a persistent road safety issue across the UK. Government statistics show that alcohol-related collisions continue to account for a worrying proportion of serious and fatal incidents on our roads. 

In this article, we explore: 

  • National drink drive statistics and trends 
  • Seasonal and environmental risk factors 
  • The true impact of drink driving on victims and families 
  • What UK law says about drink driving limits 
  • Police enforcement and public safety campaigns 
  • How vehicle technology and proposed reforms could play a role 
  • Support provided by charities and partners for victims 

Drink Driving: What the data tells us 

The latest figures published by the Department for Transport show that drink driving continues to cause serious harm on UK roads. 

Collisions involving a driver over the legal alcohol limit resulted in: 

  • Around 6,310 casualties of all severities 

Seasonal & environmental risk factors for drink driving 

Within this data the highest proportion of drink drive casualties occurred during the summer months, with June recording the highest share. There was also a noticeable increase in December compared to other winter months. 

These periods coincide with: 

  • Increased social activity involving alcohol, including Christmas parties, festivals and social pub visits. 
  • More challenging driving conditions during winter, including poor visibility, low sun glare, rain, ice and deteriorating road surfaces, which demand heightened awareness and concentration, both of which are significantly reduced when alcohol impairs judgement and slows reaction times. 

The human cost: Injured by a drink driver 

Now that we have seen the data, it is important to show the human side behind these numbers, and the real lives affected by those who choose to drink and drive.

Below we share two personal stories from clients whose lives have been directly impacted by collisions involving a drink driver. 

Tragically Killed Son – Justice for a Family
A mother instructed Fletchers after her son was struck and killed by a driver who was over the legal alcohol limit and driving without insurance. The collision resulted in a manslaughter conviction and a prison sentence for the at-fault driver, bringing a measure of justice to the bereaved family.

Fatal RTC and Traumatic Brain Injury After Impaired Driving Collision
Fletchers represented a client who suffered a traumatic brain injury, multiple fractures and severe psychological trauma, following a fatal road traffic collision in which her partner tragically died. The collision was caused by an impaired driver. 

We secured a settlement that enabled access to private rehabilitation, long-term care, and adaptations to support independent living. The client continues to receive physiotherapy, occupational therapy, psychological support, and vocational assistance to rebuild her life. 

“Despite all that has happened, you made the legal side of the compensation manageable for my needs and abilities for each part of my recovery… I feel lucky to have worked with Hannah and Sophie.” 

Lives cut short, careers derailed and futures forever changed, these real stories show that every statistic represents a person. Whether a lapse in judgment or a calculated decision, drink driving is a choice, and one that can devastate lives and families. 

Injured by a drink driver? How we can help…

If you or a loved one has been injured or affected by a drink driving incident, we can provide guidance and help you understand your options.

Contact our RTC Solicitors for clear advice and compassionate support. 

The legal position of drink driving in the UK 

  • England and Wales: The legal limits in England and Wales are 80 mg of alcohol per 100 ml of blood (35 mcg per 100 ml of breath).
     
  • Scotland: Scotland introduced a lower limit in 2014, the strictest in the UK. The legal limit is 50 mg of alcohol per 100 ml of blood (22 mcg per 100 ml of breath). 

How many units of alcohol puts you over the limit?

NHS guidance as summarised by the RAC, says there is no reliable way to calculate how many units of alcohol will keep a driver below the legal limit, because alcohol affects individuals differently based on weight, food intake and other factors.  Plus alcohol can remain in the body the following day, meaning drivers may still be over the limit the morning after drinking. 

The risk in driving begins long before someone feels drunk. As little as 6 units alcohol, roughly 2 large glasses of wine or 2 pints of beer (ABV 5.2%), can start to slow reaction times and impair judgement. According to NHS guidance, this level of alcohol affects the areas of the brain responsible for decision-making, coordination and reaction speed. For drivers, this results in slower responses to hazards, poorer judgement of speed and distance and reduced concentration. The safest way to stay in control behind the wheel is to avoid drinking alcohol entirely before driving. 

 Chloe Hughes comments:
“Having an understanding of the legal limits is important, but even small amounts of alcohol can impair judgment and reaction times. Education alongside enforcement can help people make better choices.”

Regional variation in drink drive casualties 

  • England: 5% of all road casualties involved a driver over the legal alcohol limit.  
  • Scotland: 5% of all road casualties involved a driver over the legal alcohol limit, matching England’s rate despite a lower legal limit.  
  • Wales: 7% of all road casualties involved a driver over the legal alcohol limit, the highest proportion in the UK and consistently higher than other countries over the past decade 

Lower legal limits alone do not eliminate drink driving casualties, but stricter limits, like that in Scotland’s, may help strengthen attitudes against drink driving and reinforce the message of ‘don’t drink and drive’. 

Legal consequences of drink driving 

As well as putting yourself and others at risk, there is the chance of being stopped and breath-tested at the roadside. A drink driving charge is serious and can affect your life in multiple ways.

A conviction typically results in: 

  • An automatic driving ban of at least one year 
  • A 6-month prison sentence  
  • Court appearances, fines and penalty points 
  • A criminal record, which can affect employment, travel, future insurance eligibility and reputation 

When an injured driver was under the influence

If a driver under the influence is involved in a RTC with another road user who was speeding, driving carelessly, or otherwise at fault, the courts will look at how the use of alcohol contributed to the driver’s injuries. If it is found that alcohol did play a factor, their compensation will be reduced in percentage terms to reflect this.

 Is the drink driving law changing in the UK  

The UK Government is consulting on proposed changes to penalties for motoring offences, including the charges for drink driving. It calls for reforms to strengthen enforcement, target high-risk drivers, and improve rehabilitation. 

  • Reviewing drink drive limits 
  • Introducing tougher penalties  
  • Expanding specialist courses for offenders

These proposals aim to combat this dangerous behaviour more rigorously and hold drivers accountable, improve road safety, and ensure penalties are proportionate to the risk and harm caused by impaired driving.

Chloe Hughes comments:
“Though these proposed changes are still under consideration, any action that reinforces the message that drink driving is unacceptable is a positive move. Clearer legislation, stronger enforcement, and ongoing education all play a crucial role in protecting lives on our roads…”

Drink driving campaigns and public safety messages 

Various national and local campaigns aim to educate and raise awareness of the dangers of drink driving in a hope of reducing alcohol-related collisions. 

Key initiatives include: 

  • Merseyside Police – Operation Limit 2025: A targeted campaign over the festive period to tackle drink and drug driving. Within the first 18 days of this initiative, more than 277 people were arrested, including 57 alcohol-related and 211 drug-related offences, representing a 19% increase in arrests compared to the same period in 2024. 
  • Cheshire Police – Drink and Drug Driving CampaignEnforcement campaign warning drivers of the dangers and consequences of impaired driving during high-risk periods. They stated that within a 10-day window 55 people had been arrested for drink or drug driving across the county. 

Vehicle safety technology and future prevention of drink driving 

There has been talk of emerging vehicle safety technology, which could have the potential to prevent drink driving, as well as just focusing on punishments. Recent coverage, including an ITV segment highlighting these advances in technology, has drawn attention to these possibilities: ITV coverage  

Although not currently mandated in the UK, the segment discussed Alcohol Interlock Installation Facilitation (AIIF), which is a breathalyser-like devices fitted to a car that prevent it from starting if the driver’s alcohol level exceeds a set limit. Government consultations note that for AIIF to have a real impact on road safety, its installation would need to be part of targeted programmes, such as rehabilitation schemes for convicted drivers or court-ordered measures. 

Chloe Hughes comments:
“Emerging technologies like alcohol interlocks show real promise in preventing repeat drink driving offenders, but their effectiveness depends on proper implementation and integration within rehabilitation programmes. There is still significant value in education and awareness of the consequences this choice can have on your own life and the lives of others.” 

What our charities & partners say 

We work alongside Road safety organisations who play a vital role in advocating for safer roads and supporting those affected by drink driving: 

  • Brake UK campaigns for safer roads and actively works to reduce drink driving incidents. Their work includes calls for lower drink drive limits across the UK and raising awareness of the dangers of driving under the influence. 
  • Aftermath Support provides invaluable help to families and individuals coping with the aftermath of collisions. 

Chloe Hughes comments:
“Working alongside these partners and charities strengthens the support we provide to our clients. These organisations not only help raise awareness on road safety issues, but provide crucial guidance, advocacy, and emotional support for victims of Road Traffic Collisions. Their work complements our legal services, ensuring our clients have access to the full range of resources they need to rebuild their lives.” 

Shared responsibility on our roads 

Drink driving is an irresponsible decision that can costs lives. It is an entirely preventable cause of harm on UK roads.  

Through informed driving choices. including understanding the effects of alcohol on perception, recognising the risks of next-day driving, knowing your limits, as well as raising awareness of the consequences, improving driver education and more robust laws, we can reduce harm and make UK roads safer for all. 

We support individuals and families affected by serious injury. If you or a loved one has been injured in a road collision by an impaired driver, we’re here to help, with clear advice and robust representation. Contact Fletchers Solicitors today for advice and support. 

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