Motoring Offences | Drink Driving.

Drink Driving Offences

Drink driving is a serious criminal offence. If you are convicted, you may face a driving ban, an unlimited fine, a criminal record, increased insurance costs and, in more serious cases, a custodial sentence.

If you have been stopped, arrested, charged, or asked to attend court for a drink-driving offence, it is important to seek legal advice as soon as possible. These offences can be technical and procedural, and the evidence may include breath, blood or urine results, police observations, custody records and whether the correct procedure was followed.

Driving or Attempting to Drive Over the Limit

It is an offence to drive or attempt to drive while over the legal alcohol limit. The prosecution must prove that you were driving or attempting to drive and that the alcohol reading was above the prescribed limit.

A roadside breath test is usually used for screening. If the test is failed, or if there are grounds to suspect a drink-driving offence, the driver may be arrested and taken to a police station for evidential testing. Evidence may come from an approved breath testing device, or from blood or urine testing in appropriate cases.

Penalties for Drink Driving

If convicted of driving or attempting to drive while over the legal limit or while unfit through drink, the court can impose up to 6 months' imprisonment, an unlimited fine and a driving ban of at least 1 year. If you are convicted twice within 10 years, the minimum ban is usually 3 years.

A drink-driving conviction can also remain on your driving record for 11 years, affect your employment, increase your insurance premiums, and create difficulties where driving is required for work or family responsibilities.

Alcohol Limits

The legal alcohol limits in Scotland differ from those in the rest of the UK. In England, Wales and Northern Ireland, the limit is 35 micrograms of alcohol per 100ml of breath, 80mg per 100ml of blood or 107mg per 100ml of urine.

In Scotland, the limit is lower: 22 micrograms of alcohol per 100ml of breath, 50mg per 100ml of blood or 67mg per 100ml of urine. The amount of alcohol needed to exceed the limit varies from person to person, so it is not possible to safely calculate how many drinks will put someone over the limit.

Failing to Provide a Specimen

It is an offence to fail to provide a specimen of breath, blood or urine when lawfully required, unless there is a reasonable excuse. A reasonable excuse may involve a genuine medical or mental condition that prevents the person from providing the sample, but this will depend on evidence.

Refusing or failing to provide a roadside breath sample can lead to arrest. Failing to provide an evidential specimen at the police station, hospital, or other authorised location is a serious offence. It can result in a driving ban, a fine, and possible custody.

Being Drunk in Charge of a Vehicle

It is also an offence to be in charge of a vehicle while over the legal alcohol limit or unfit through drink. This can apply even where the person was not actually driving, depending on the circumstances.

The court may consider factors such as where the person was, whether they had the keys, whether the vehicle could be driven, whether they intended to drive and whether there was a realistic risk of driving while over the limit. If convicted, the penalty can include up to 3 months' imprisonment, a fine of up to £2,500 and a possible driving ban.

Procedural Issues and Evidence

Drink driving cases can involve a detailed procedure. Issues may arise about the legality of the stop, the request for a specimen, the operation of the testing device, the timing of the test, medical issues, post-driving alcohol consumption, the identity of the driver or whether the police followed the correct process.

If you are accused of a drink-driving offence, write down everything you remember as soon as possible. This may include when you last drank alcohol, what you drank, what you ate, when you drove, where you were stopped, what the officer said, whether you had any medical issues and whether any witnesses were present.

Getting Legal Advice

Legal advice should be sought promptly if you are facing a drink-driving allegation. A solicitor can advise whether there is a defence, whether special reasons may apply, what sentence is likely and how best to prepare for court.

You should keep all paperwork from the police and court, including charge sheets, bail notices, postal requisitions, specimen results and any correspondence about your case.

Find a Drink Driving Solicitor

To find a solicitor who may be able to help with drink driving, failing to provide a specimen, driving under the influence or another motoring offence, use the search facility, select Motoring Law and enter your location.