
Drink Driving Defence
Specialist representation for drink driving charges across Scotland.
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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.
Testimonials
Thanks to Jackson and everyone at Charles Ferguson. Really helpful and professional service — I felt in very safe hands.
Private Client — Drink Driving Charge, Glasgow



Frequently Asked Questions
Answers to our most common questions.
What is the drink drive limit in Scotland?
In Scotland the limit is 22mcg of alcohol per 100ml of breath, 50mg per 100ml of blood, or 67mg per 100ml of urine — stricter than England and Wales.
Can I lose my licence for a first drink driving offence?
Yes. A minimum 12-month disqualification applies for a first offence. The court has limited discretion below the statutory minimum.
Can I challenge a breathalyser result?
Yes. The calibration, maintenance, and operation of breath analysis devices must meet strict legal requirements. Any procedural failure can be challenged.
What is the hip flask defence?
The hip flask defence applies where you consumed alcohol after driving but before the breath test was taken. It must be supported by credible evidence.
Will I go to prison for drink driving?
Imprisonment is possible for serious offences, particularly repeat offending or where an accident occurred, but is not automatic for a first offence.
Can I still drive while my case is pending?
Yes. Legal Aid entitles you to choose your own solicitor. You are not limited to a duty solicitor.
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