Drink driving is one of the most serious Road Traffic Offences in our law, resulting in many deaths in Scotland each year. A conviction for drink driving can result in:
- a mandatory minimum 12 month driving ban;
- in some cases, the requirement to re-sit an extended test;
- a fine of up to £5,000;
- up to 6 months imprisonment;
- a lengthy criminal record;
- licence endorsement for over a decade; and
- seizure and forfeiture of your car.
If you are convicted twice within 10 years, the minimum disqualification will be three years with the requirement to sit an extended test, as well as a significant monetary penalty, or, in the most serious cases, a custodial sentence. In the event that an accident is caused when you are driving while under the influence of alcohol and someone is injured or killed, you could face up to 14 years imprisonment.
The consequences of a drink driving conviction can have a serious, long-lasting impact on your life. That is why it is vital that you contact a specialist Drink Driving Lawyer if you have been charged with this offence.
What is the drink driving limit in Scotland?
The drink driving limit in Scotland is 22mg per 100ml of breath and 50mg per 100ml of blood, which is significantly lower than in the rest of the UK.
If you are stopped by the police and asked to participate in a roadside breath test, refusal to do so may result in a separate charge of failing to provide a breath test.
If the breath test suggests that you are over the limit, you will usually be taken to a local police station to participate in another test. Again, you are required to comply with the testing procedure.
If you are deemed to be over the limit, you will be charged and likely released on an undertaking to appear in court at a later date to face the charge of drink driving under section 5 of the Road Traffic Act 1988. You may, however, be held in custody to appear in court on the next available court date.
Drink driving defence
It is a defence that you had no reasonable prospect of driving at the time of the incident. You will be required to present evidence to support that there was no likelihood that you would have driven your car while you remained above the prescribed limit. This defence may be appropriate, for example, if you were sleeping in your car after drinking.
We strongly advise that you seek expert legal advice from our Drink Driving experts at the earliest opportunity after being stopped by the police to give you the best chance of limiting the consequences on your life and livelihood. Where a defence is not available, we will advise the best approach to mitigate any penalty imposed upon you.
Police Scotland’s festive drink driving campaign
Police Scotland understandably has certain times of the year when it increases its operations to detect and deter drink drivers. The festive period is one of the most obvious times of year for people to be charged with drink driving. The police will also stop many drivers the morning after who think they are sober and end up being charged with drink driving. For more information on the Police Scotland 2017 Festive Drink Driving Campaign, see our blog post.
Don’t delay in seeking expert legal advice from our highly experienced Road Traffic Solicitors. We are on hand to assist 24/7, 365 days per year.
Contact Our Road Traffic Solicitors in Glasgow, Scotland
Keith J Tuck Solicitors are highly experienced in Road Traffic Defence and have the expertise to see you have the best outcome possible. We offer our services to both privately funded and Legal Aid clients. Our Road Traffic Solicitors operate in Glasgow and the surrounding areas. Give us a call today on 0141 413 8942 or contact us via our online contact form.