Scotland · Drink Driving
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Legal context
Drink driving in Scotland is governed by the Road Traffic Act 1988, but with stricter limits introduced by The Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014. Since December 2014, the legal limit in Scotland is just 22 micrograms of alcohol per 100ml of breath (50mg per 100ml blood), significantly lower than the 35mcg limit in England, Wales and Northern Ireland. The accused faces prosecution by the Procurator Fiscal, typically through summary procedure in the Sheriff Court. Penalties include a minimum 12-month driving ban, fines up to £5,000, and up to 6 months imprisonment. The court must consider factors including the level of alcohol, any previous convictions, and whether anyone was endangered when determining sentencing.
Key legislation: Road Traffic Act 1988
At a glance
The legal limit in Scotland is 22mcg of alcohol per 100ml of breath, compared to 35mcg in the rest of the UK. This means even small amounts of alcohol can put you over the limit. Many drivers are caught unaware by this stricter standard when crossing the border.
Drink driving cases in Scotland are heard in the Sheriff Court under summary procedure without a jury. The Procurator Fiscal presents the case against the accused. You have the right to legal representation and should seek advice before entering any plea.
A conviction results in a mandatory driving ban of at least 12 months, which increases to 3 years for repeat offences within 10 years. The court can also impose fines up to £5,000 and imprisonment up to 6 months, depending on the circumstances and alcohol level.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
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Common questions
Scotland has the UK's strictest drink drive limit at 22 micrograms of alcohol per 100ml of breath, or 50mg per 100ml of blood. This is significantly lower than the 35mcg limit in England, Wales and Northern Ireland. Even one drink can potentially put you over the Scottish limit, so the safest approach is not to drink any alcohol if driving.
After being charged by police, the Procurator Fiscal will review the case and decide whether to prosecute. You'll receive a citation to appear at the Sheriff Court. At your first appearance, you'll be asked to enter a plea. If you plead not guilty, a trial date will be set. It's essential to seek legal advice before entering any plea.
A driving ban is mandatory for all drink driving convictions in Scotland - the Sheriff Court has no discretion to avoid imposing a ban. The minimum ban is 12 months, increasing based on alcohol level and previous convictions. However, you may be eligible for a drink drive rehabilitation course which can reduce the ban by up to 25%.
Potential defences include challenging the reliability of testing equipment, questioning whether proper procedures were followed, or arguing you weren't driving on a public road. Hip flask defence (drinking after driving) or emergency situations may also apply. A solicitor can assess whether any defences are available based on your specific circumstances and the evidence.
Beyond the mandatory driving ban and potential fine or imprisonment, a conviction creates a criminal record that must be declared to employers and for certain visa applications. Car insurance premiums will increase significantly for at least 5 years. Professional drivers may lose their livelihood, and some professions have mandatory reporting requirements that could affect your career.
Never enter a plea without first seeking legal advice. While the evidence may seem overwhelming, an experienced solicitor can identify potential issues with police procedures or testing equipment. Even if conviction is likely, proper legal representation can help minimise penalties through effective mitigation, potentially reducing fines, imprisonment risk, or ban length.
If banned for 12 months or more, the Sheriff Court may offer you the opportunity to complete an approved drink drive rehabilitation course. Successfully completing this course can reduce your ban by up to 25%. The course examines the dangers of drink driving and costs around £200-250, which you must pay yourself.
You can appeal against conviction or sentence to the High Court of Justiciary within 2 weeks of sentencing. Appeals might challenge legal errors, procedural mistakes, or argue the sentence was excessive. The appeal court can quash convictions, reduce sentences, or order retrials. Legal representation is essential for any appeal.
General information only. It may not apply to your facts, and rules or time limits can change.
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