Drink driving is a contravention of Section 5(1)(a) of the Road Traffic Act and brings a mandatory period of disqualification.

Drink Driving Lawyers in Glasgow

How we can help

Drink-driving is treated very seriously in Scotland and the penalties are severe with disqualification and large fines handed out. This is why it is vital that you contact Neil Kilcoyne road traffic solicitors if you have been charged with this offence. 

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Drink-Driving Penalities in Scotland


If you have been charged with drink-driving in Scotland, the penalties could include:

  • A mandatory minimum 12-month driving ban.
  • A requirement to re-sit an extended test. 
  • A fine of up to £5000.
  • Up to 6-months imprisonment. 
  • Seizure and forfeiture of your car. 

What is the Alcohol Limit in Scotland?

The current drink-driving limit in Scotland is: 

  • 22mg of alcohol per 100ml of breath
  • 50mg of alcohol per 100ml of blood
  • 67mg of alcohol per 100ml of urine


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.

Free, no-obligation consultation

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.

Drink-Driving Defences


No Reasonable Prospect of Driving Defence

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.

‘Hipflask’ Defence

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

Private Land Defence

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.