Drink Driving

Drink driving is a serious offence. If you are found guilty, you will be banned from driving and given a large fine. There are other possible consequences if you drink drive, including jail or forced work in the community. In addition, your car could be taken from you.

We recognize there are other implications if you are convicted of driving under the influence (“DUI”): social stigma, dealing with the consequences of an accident or injury, running your life without a car, losing your job and an increase in future insurance premiums.

Scotland’s Drink Driving Laws

In Scotland, the drink-driving limits are stricter than in the rest of the UK. A motorist will be subject to prosecution if their alcohol level is found to be at or above the following statutory limits:

• Breath: 22 micrograms ($\mu$g) of alcohol per 100 ml of breath
• Blood: 50 milligrams (mg) of alcohol per 100 ml of blood
• Urine: 67 milligrams (mg) of alcohol per 100 ml of urine

For context, the breath alcohol limit in England and Wales is significantly higher, set at 35 micrograms per 100 ml of breath.

Breath Test or Blood Sample?

At a police station, unless the breath testing machine is broken, the police will always require you to give a breath sample rather than asking for blood or urine.

Call us for advice and legal representation.

There is no charge for our initial discussion and there no obligation to use us: we will clarify where you stand and how you can best move forward.

How Drink Driving Cases are Proved in Court

It is likely that the case against you will be short and simple. It will centre on the evidence of the two trained police officers who stopped you at the side of the road, breathalysed you, and took you to a police station to get an accurate alcohol reading from you. If you gave blood, there will be further evidence from a doctor and the evidence of forensic scientists who analysed the blood sample.

The Benefits of Legal Advice

However clear the case seems to be, it is worth getting a driving law specialist to scrutinize the evidence against you. Without the right evidence, there can be no conviction.

If you would like guidance specific to your situation, please be in touch. There is no charge for our initial legal advice and no obligation to use us further: we will clarify where you stand and how you can best move forward.  If you would like information on how to appeal a driving ban, we can provide detailed advice on this.