If you have been charged with drink driving you will be taken to court or given a date to appear.
Drink Driving in Scotland: the Law
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 3 months 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. 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.
How We Can Help
As 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. 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 got 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 the handling of an experienced solicitor.
Client was charged with driving in Glencoe with a breath alcohol reading of 120 microgrammes 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.
Dundee Sheriff Court
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.
Glasgow JP Court
Client was charged with drunk driving in Rutherglen Main Street. She was approached in her house by police later that evening. She had intoximeter reading of 75 micrograms which is approximately twice the legal limit. The Crown could not prove that she had been driving the vehicle at the time of the alleged incident, so the client was acquitted.
Aberdeen Sheriff Court
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.