Drink Driving
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
If you have been charged with drink driving you will be taken to court or given a date to appear.
Road Traffic Act 1988 Section 5.1A: Driving when under the influence of drink or drugs
The penalty for drink driving can be a sentence of imprisonment or greater, a fine, or both can be imposed.
If a person is charged with Drink Driving (Drunk Driving) they will most likely be disqualified for a minimum period of 12 months if convicted. There is provision under the Act to have that period reduced if certain criteria are met. A second conviction for a drink related offence within ten years would result in a minimum period of disqualification for 3 years and a fine.
The prescribed limit for alcohol in Scotland has changed now so the legal limit is now 22 micrograms in 100 millilitres of breath. If your reading is over that, you will be guilty of drink driving.
As road traffic solicitors we deal with a large number of people who find themselves charged with drink driving. The goal is to try and resolve these matters as painlessly as possible for the client. In certain circumstances, it is possible to avoid disqualification for drink driving if you are convicted of the lesser charge. A recent client was arrested behind the wheel of his car whilst in a car park and was charged with drunk driving. They were facing a period of 12 months disqualification. After trial he was instead found guilty of being drunk in charge of a vehicle and received 10 penalty points and a fine.
It is also possible to ask the court to make an order which allows the client to attend a drink drive rehabilitation course. In these cases it is possible to reduce the period of disqualification by up to 25%. This is subject to the discretion of the court and needs to be requested by the solicitor.
If you have been charged with drink driving in Glasgow or in Scotland it is imperative that you get professional representation. A drink driving disqualification will impact upon your job and your personal life
Client was charged with driving in Glencoe with a breath alcohol reading of 120 micrograms in 100 ml of breath. In the course of the trial, the Crown were unable to prove that he was the driver. He was found not guilty.
Client had been convicted after trial of being more than twice the legal limit. He had a record of previous convictions and had a similar conviction within 10 years. He was therefore subject to a 3 year disqualification and 100 hours community payback order.
Client was charged with drunk driving in Rutherglen Main Street. She was approached in her house by police later that evening. She provided an intoximeter reading of 75 micrograms. The Crown could not prove that she had been driving the vehicle at the time of the alleged incident, so the client was acquitted.
The client was charged with drunk driving in that he had 71 mcg of alcohol in 100 ml of breath which is twice the legal limit. He was also charged with careless driving in that he collided into the rear of a motor vehicle.
The client pled guilty to the drunk driving. The Crown were persuaded to drop the careless driving. As a result of this, the client was disqualified for a period of 14 months and fined.
The client was charged with drunk driving in that he had 71 mcg of alcohol in 100 ml of breath which is twice the legal limit. He was also charged with careless driving in that he collided into the rear of a motor vehicle.
The client pled guilty to the drunk driving. The Crown were persuaded to drop the careless driving. As a result of this, the client was disqualified for a period of 14 months and fined.
A client was found comatose in his car with an empty bottle of vodka by his side. He was charged with drunk driving .The defence was able to prove that the client had a medical condition that caused him certain embarrassment and prevented him emerging from the car .It was shown that the alcohol was consumed after the vehicle had been stopped and that there was no likelihood of driving. The client was acquitted after trial.
What is the legal alcohol limit for driving in Scotland?
The limit is 22 micrograms of alcohol per 100 millilitres of breath, or 5 excuse0 milligrams per 100 millilitres of blood.
What are the penalties for drink driving?
Penalties include fines, at least a 12-month driving ban, and up to 6 months in prison.
Can I refuse a breathalyzer test?
Refusing is an offence and can result in penalties similar to those for drink driving unless you have a reasonable excuse.
What happens at a drink driving trial?
The court evaluates evidence, determines guilt or innocence, and issues penalties like fines, bans, or imprisonment.
Can I reduce my ban for drink driving?
You may reduce your ban by up to 25% by completing a drink driving rehabilitation course if offered.
Does drink driving result in a criminal record?
Yes, drink driving is a criminal offence and will appear on your record.
Are there any defences for drink driving charges?
Yes, possible defences include challenging the accuracy of testing devices,proving procedural error or evidential defences.
How does a drink driving conviction affect car insurance?
Insurance premiums usually increase significantly due to the perceived higher risk.
What is the difference between drink driving and drunk in charge?
Drink driving involves actively driving while over the limit, while drunk in charge involves being in control of a vehicle but not necessarily driving.There is a separate defence for being drunk in charge.
Can I appeal a drink driving conviction?
Yes, you can appeal if there’s evidence of procedural errors or unfair treatment, but generally they are not successful.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
