What Counts as a High Reading for Drink Driving?
A high reading for drink driving is one that falls into the highest sentencing band under the Magistrates Court Sentencing Guidelines. For breath, this is 120 micrograms of alcohol per 100 millilitres of breath or above, which is more than three times the legal limit of 35 micrograms. The equivalent thresholds for blood and urine are 275 milligrams and 367.5 milligrams respectively.
High readings are treated more seriously because they indicate a significantly elevated level of intoxication. The sentencing guidelines place these cases in a category where a custodial sentence is the starting point. The court must also consider longer driving bans, typically 36 months or more for the highest readings.
Even readings below the highest band can be regarded as serious. The mid-range band starts at 60 micrograms of breath alcohol. Readings between 60 and 119 micrograms carry a starting point of a community order or a fine, with ban lengths of 17 to 28 months depending on the exact level.
High Reading Thresholds
Breath Readings
The legal limit for breath is 35 micrograms of alcohol per 100 millilitres of breath. Readings of 120 micrograms and above place the offence in the highest sentencing category. A reading of 150 micrograms, for example, is more than four times the legal limit and will almost certainly attract consideration of a custodial sentence.
Police use the Intoxilyser EC/IR or the Evidenzer device to measure breath alcohol at the station. The lower of the two readings provided by the machine is used as the evidential reading. Even a reading just over 120 micrograms is treated as a high reading for sentencing purposes.
Blood Readings
The legal limit for blood is 80 milligrams of alcohol per 100 millilitres of blood. A blood reading of 275 milligrams or above is the equivalent threshold for the highest sentencing band. Blood samples are typically taken when the breath testing device is unavailable, unreliable or when a medical reason prevents a breath test.
Blood evidence must follow strict procedural requirements under the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988. The sample must be taken by a medical practitioner or registered healthcare professional, and you are entitled to retain a portion for independent analysis.
Urine Readings
The legal limit for urine is 107 milligrams of alcohol per 100 millilitres of urine. The high reading threshold for urine is 367.5 milligrams or above. Urine tests are the least common form of evidential testing and are used only when breath and blood tests are not available.
A urine sample must be provided within one hour of the request, and the first sample is discarded. The second sample is the one used as evidence. Urine readings can be less precise than breath or blood, and this may provide grounds for challenge in some cases.
Penalties for High Reading Drink Driving
For breath readings of 120 micrograms and above, the sentencing guidelines indicate a starting point of 12 weeks custody with a range from a community order to 26 weeks imprisonment. The recommended driving ban for this category is 36 to 60 months. The court may also impose an unlimited fine in addition to or instead of custody.
Aggravating factors can push the sentence higher within the range. These include previous convictions, having passengers in the vehicle, causing an accident, being a professional driver, or driving for a long distance while intoxicated. Conversely, genuine remorse, good character, a plea of guilty at the first opportunity, and steps taken to address alcohol issues can mitigate the sentence.
A conviction at the highest reading level automatically triggers the DVLA high risk offender scheme. This means you will need to pass a medical examination before your licence can be returned at the end of your ban. The medical includes blood tests for liver function and alcohol biomarkers.
Is Prison Likely for a High Reading?
Prison is a realistic possibility for high reading drink driving cases. The sentencing guidelines set the starting point for the highest category at 12 weeks custody. However, this is only a starting point and the actual sentence depends on the full circumstances of the case. A guilty plea at the earliest opportunity can reduce the sentence by up to one third.
Factors that increase the risk of custody include a previous drink driving conviction, causing an accident or injury, having children or vulnerable passengers in the vehicle, and driving erratically or dangerously. A reading significantly above 120 micrograms, such as 150 or above, also increases the likelihood of immediate imprisonment.
Many defendants with high readings avoid prison with the right legal representation. A specialist solicitor can present compelling mitigation, propose alternatives such as a community order with an alcohol treatment requirement, and demonstrate steps the defendant has already taken. Courts are often receptive to evidence that the defendant has acknowledged the problem and is actively addressing it.
How a Solicitor Can Help with a High Reading
A specialist solicitor brings critical expertise to high reading cases where the stakes are highest. They can examine the prosecution evidence for procedural errors, challenge the reliability of the evidential breath testing device and ensure the correct statutory procedure was followed at every stage. Even in cases where the reading appears clear-cut, there may be technical defences available.
If a guilty plea is appropriate, effective mitigation is essential. Your solicitor can prepare a structured mitigation plea addressing the reading level, your personal circumstances, employment impact, family responsibilities and any steps taken to address alcohol issues. Character references, evidence of counselling and medical reports can all support the mitigation.