Drink Driving Offences
If you are facing drink driving charges, our experienced Road Traffic Defence Solicitors can help. The limit for drink driving is lower in Scotland than in the rest of the UK, which is why it is crucial to get a robust defence from a dedicated lawyer.
Here, we cover:
- The Law on Drink Driving in Scotland
- Penalties for Drink Driving
- Drink Driving Defences
- Failure to Provide a Sample
If you have been charged, we strongly recommend you contact one of our specialist Road Traffic Lawyers in Paisley for a free consultation at the earliest opportunity. You can contact us via the online enquiry form and we will get back to you right away.
The Law on Drink Driving in Scotland
The law on drink driving is set out in section 5 of the Road Traffic Act 1988. The law stipulates that it is an offence for any person to drive, attempt to drive, or be in charge of a vehicle on a road or in a public place where they have consumed a sufficient amount of alcohol to exceed the prescribed drink driving limit. The limit in Scotland is lower than elsewhere in the UK, and even a very small amount of alcohol can put you over the limit of 22 micrograms of alcohol per 100 millilitres of breath.
Penalties for Drink Driving
There is a minimum mandatory ban of 12 months if you are convicted of this charge in addition to several penalties. You could receive any of the following:
- A substantial fine
- Losing your driver’s licence
- Disqualification from driving
- Insurance fee penalties
- Forfeiting your car (particularly in cases of repeat offending)
- A custodial sentence (in very serious cases)
Drink Driving Defence in Scotland
Typically, evidence can be a source of dispute in drink driving cases. This may include the accuracy of police readings or faulty equipment.
Our solicitors may also present a plea in mitigation to the court. A plea in mitigation sets out any mitigating circumstances, including the facts of the case and your personal circumstances. Such pleas can be presented even when a drink driving conviction is maintained.
Failure to Provide a Sample
Under section 6 of the 1988 Act, it is a criminal offence to fail to take a breathalyser test or to fail to provide a blood or urine sample without reasonable excuse. If you have refused to provide a specimen, it is vital to contact a specialist Road Traffic Lawyer right away. If you are convicted of this offence, you may be disqualified from driving for a significant period of time.
The police officer who asks you to provide the sample must give you warning that if you fail to provide a sample, you may be charged with an offence. If the officer does not follow this procedure, any evidence provided may be inadmissible.
If you are facing drink driving charges, it is essential to contact an experienced and specialist solicitor right away. The earlier you get in contact with us, the greater opportunity we have to build a successful defence strategy for your circumstances. Get in touch with our team today.
Contact our Drink Driving Road Traffic Lawyers in Paisley & Greenock for a Free Consultation
Our Road Traffic Lawyers in Paisley and Greenock have decades of experience and success with road traffic offences, including drink driving, dangerous driving, careless driving, speeding, driving without insurance, driving with a mobile phone, and totting up. We cover Glasgow, Greenock, Port Glasgow, Kilmacolm, Gourock, Inverclyde, Renfrewshire, Barrhead, Newton Mearns, East Renfrewshire & every police station and court in Scotland.
Contact us as soon as you have been charged, received a fixed penalty or been involved in an accident for free, initial legal advice 24 hours per day. Call us in Paisley on 01418896458 or Greenock on 01475888286 or fill out our online form and we will call you back shortly.