Drink driving is a contravention of Section 5(1)(a) of the Road Traffic Act and brings a mandatory period of disqualification.
Meet our team of expert family law solicitors
The consequences of losing your driving licence can be serious. We can help.
If you have been charged with a crime, we can help. Contact us now
If you have been charged with drink-driving in Scotland, the penalties could include:
The current drink-driving limit in Scotland is:
If you have been stopped by the police and asked to participate in a roadside breath test, and you refuse to do so, it may result in a separate charge.
If the breath test suggests you are over the limit, you will be taken to a local police station and participate in another test.
You will be charged and likely released on an undertaking to appear in court at a later date if you are deemed to be over the limit.
If you have been charged with a road traffic offence, you need to take advice right away. We have solicitors available 24 hours a day 7 days a week for advice.
It can be argued in your defence that you had no reasonable prospect of driving at the time of the incident. This defence may be appropriate if you were sleeping in your car after drinking.
Sometimes, a driver may be arrested for drink-driving when they have actually drunk alcohol after leaving their vehicle. This is called the ‘hipflask’ defence. We can calculate what your reading would have been had you not consumed alcohol after leaving the vehicle
The offence of drink-driving can only be committed in a public place, therefore, if you have driven your vehicle on a private road, then you have not committed the offence.
We strongly recommend you seek expert legal advice from our road traffic lawyers at the earliest opportunity after being stopped by the police, to give you the best chance of limiting the consequences on your life and livelihood.
Our specialist road traffic lawyers at Neil Kilcoyne & Co, understand the importance of protecting your licence and the impact a prosecution could have on you and your family. We are available to advise, and we will always do everything we can be to secure the best possible outcome for you.
We also have experience in other road traffic areas, including speeding, dangerous driving and death by dangerous driving. Get in touch with us today to discuss your case with an award-winning defence solicitor.