Drink Driving Defence in Scotland
Scotland operates a stricter drink drive limit than the rest of the UK — 50mg of alcohol per 100ml of blood, compared to 80mg in England and Wales. The breath limit is 22mcg per 100ml. This means you can be prosecuted after consuming just 2–3 units. If you have been stopped and charged with drink driving, Charles Ferguson provides urgent, specialist defence across Glasgow, Lanarkshire, and all of Scotland's Sheriff Courts.
Penalties and Consequences — A first-time conviction results in a minimum 12-month driving ban, a substantial fine, and the option to attend a drink drive rehabilitation course which can reduce the ban by 25%. Repeat offending within 10 years raises the minimum disqualification to 3 years. In serious cases involving accidents or very high readings, custodial sentences are possible. The impact on employment, insurance premiums, and personal life can be severe and long-lasting.
Challenging the Evidence — Breath test equipment must be properly maintained, calibrated, and operated according to strict procedures. Any procedural failure can render the reading inadmissible. The hip flask defence — consuming alcohol after driving but before the breath test — is a recognised defence in Scots law. We rigorously examine calibration records, the conduct of roadside and evidential tests, the timing of alcohol consumption, and any medical conditions that may have affected the reading.
Act Quickly — Specialist Drink Driving Solicitors — If you have been charged with drink driving in Scotland, early legal advice is critical. Charles Ferguson has extensive experience in road traffic defence, appearing regularly in Glasgow Sheriff Court, Hamilton Sheriff Court, and courts across Central Scotland. We will review all the evidence, advise on realistic outcomes, and build the strongest possible case in your defence. Contact us today for an urgent, confidential consultation.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.