What is Drunk Driving- in Scotland?

Scotlands Top Road Traffic Lawyer Gives Free Information on DUIs in Scotland

Graham Walker of roadtrafficlaw.com Solicitors in Scotland sets out the details in relation to a drunk driving offence in Scotland

Drunk driving is legally defined as driving, attempting to drive or being in charge of a motor vehicle on the public highway or a public place whilst under the influence of alcohol exceeding the prescribed limit.

What is the prescribed limit?

The current limit is:

35 microgrammes of alcohol in 100 millilitres of breath;

80 milligrammes of alcohol in 100 millilitres of blood;

107 milligrammes of alcohol in 100 millilitres of urine. How is drunk driving tested?

You can be stopped if a police officer thinks you have exceeded the limit (ie due to the standard of your driving) or you have committed any other motoring offence, have been involved in an accident or the police can smell alcohol on your breath. A roadside breath test can then be administered and if you fail (ie the test is positive) you will be arrested and taken to the police station where you will be asked to provide a further 2 specimens of breath for analysis using approved equipment. The lower reading is the one that will be used. Can I give a blood or urine sample instead of a breath test?

No, failing to supply a specimen of breath is in itself an offence without reasonable excuse. Being too drunk to complete the test is not a reasonable excuse. A medical condition maybe a justified reason, depending on the condition.

What if the reading is borderline?

If the lowest reading is 39 microgrammes or below, you should be released with a warning. Between 40 and 50 microgrammes you must then be given the option of blood/urine tests. Whichever option is taken, is for the police to decide. A urine sample is on the basis of 2 samples within 1 hour. A blood sample must be taken by a police surgeon. You can demand 2 blood samples are taken which can be useful in defending the charge.

If I am still over the limit?

You will be charged, cautioned and bailed to attend Court.

If I am found guilty what are the likely consequences?

1. Failing to provide a roadside breath test

Discretionary disqualification, 4 penalty points and fine up to £1,000.00