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
If a person drives or attempts to drive a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
The penalty for drink driving can be a sentence of 3 months imprisonment or greater, or a fine, or both can be imposed. Disqualification is mandatory for drunk driving, for a minimum of 12 months.
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 microgrammes in a 100 millilitres of breath.If your reading is over that you will be guilty of drink driving.
Find out more about providing a breath test and failing to provide a specimen.
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,and was facing a period of 12 months disqualification. After trial he was found guilty instead 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 other words, the period of disqualification can be reduced by up to 25% if the driver attends a drink driving rehabilitation course. This is subject to the discretion of the court and needs the handling of an experienced solicitor. Read here about one such case.