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Drink Driving

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Charged with Drink Driving in Scotland?

Protect Your Licence, Job & Freedom with Scotland’s Leading Drink Driving Defence Lawyers

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Why Drink Driving Charges Are Serious

Being charged with drink driving isn’t something you can take lightly. Sheriffs take a serious view of drink driving charges, and obviously the higher the reading, the worse it is. As a result, it is essential to have a highly competent defence team to defend you against such allegations. Some factors which impact the seriousness of the charge are:

The level of alcohol in your system
The degree of impairment, if any (see below for an explanation as to why you can still be guilty of this offence even if your standard of driving does not fall below the standard expected of a competent driver)
The potential for damage or injury to have been caused
Any actual damage or injury caused
And your level of culpability generally (for example, someone who has inadvertently driven whilst over the limit after drinking the day before will not be punished as severely as someone who drives a short time after drinking alcohol, and will moreover be treated less severely than someone who has blatantly driven after drinking a high quantity of alcohol such that it would be obvious that they would be over the limit)

At Graham Walker Solicitors, we specialise in defending drink driving charges. We’ll provide honest, practical advice and fight to protect your licence.

Scotland’s Drink Driving Limits Explained

Scotland’s legal alcohol limits:

22 micrograms of alcohol per 100 millilitres of breath
50 milligrams of alcohol per 100 millilitres of blood
67 milligrams of alcohol per 100 millilitres of urine

Even small amounts of alcohol—far below what might be legal in England—can result in exceeding these limits.

What Are the Penalties for Drink Driving in Scotland?

Penalties include:

Minimum 12-month driving ban (increased to a minimum of 3 years if you are convicted of an analogous offence within 10 years)
Up to £5,000
Up to 6 months imprisonment
Criminal record, often affecting employment

Higher alcohol readings, involvement in accidents, or prior offences will result in longer bans and harsher penalties.

How Graham Walker Solicitors Defend Drink Driving Charges

Challenging Police Procedure

Police must strictly follow procedures, including:

Proper administration of breath, blood, or urine tests
Giving you your rights and properly cautioning you

Failure to follow procedure can result in fatal flaws within the Crown case

Examining Test Accuracy

Potential defence angles include:

Faulty or uncalibrated breathalyser devices
Medical conditions affecting readings (e.g., asthma, diabetes)
Post-driving alcohol consumption (e.g., after driving but before test)
Issues with blood or urine sample handling

We will scrutinise every detail.

Minimising Penalties

Even when conviction is inevitable, we focus on:

Reducing the disqualification period
Presenting strong mitigation, for example by properly explaining your background, the circumstances of the offence, and the impact of the conviction/disqualification to the sheriff
Persuading the sheriff to certify you for the Drink Driving Rehabilitation Course to reduce your ban by up to 25%

Professional Drivers – Licence Protection

If your job depends on your driving licence, a drink driving conviction could be catastrophic. We have significant experience defending:

Taxi drivers
HGV & PSV drivers
Company car users
Business owners

We prepare detailed mitigation to minimise the professional and personal impact.

This is important. Often those accused of drink driving or associated offences consider representing themselves. Whilst we understand why people do this, especially if the offence is accepted, our ability to minimise the punishment is invaluable. We are all extremely competent solicitors, each with our own strengths, but all with a great deal of experience and a strong ability to address sheriffs in a way that achieves the best outcome for you. It may seem straightforward, but court craft and advocacy are skills that can often mean the difference between a 3-year ban and a 12-month ban, or between prison and a non-custodial disposal. It can’t be understated how important it is to have a capable courtroom advocate on your side.

Why Choose Graham Walker Solicitors?

Decades of experience defending drink driving cases in Scottish courts
Meticulous attention to police procedure & test accuracy
Exceptional track record minimising penalties, arguing special reasons, and protecting livelihoods
Honest, clear advice from start to finish

FAQ

Is it worth fighting a drink driving charge?

In many cases—yes.

There are many aspects of a drink driving case that can be challenged. We encounter many cases where the accused will say that they just want to plead guilty to get it over with, but once we look at their case papers, we advise them that they actually have a defence. Road Traffic law is complex and technical, therefore, the legalities of the procedure, and particularly the evidential landscape, are of the utmost importance. You should therefore contact us if you are charged with drink driving, even if you think you have no way out. Ways we have secured not guilty verdicts for clients include:

Improperly administered police procedures (for example: administration of the breathaliser/intoximeter or improper completion of the forms)
In accurate testing—if the sample (whether it be breath, blood, or urine) is not tested properly, following the correct procedures (which are complex), then the Crown may not be able to succeed with their case
Post-incident drink defences are common—if you consume alcohol after drinking, then you may have a defence to the charge. This is common where someone sees a person driving and they report them to the police, but before the police arrive, the accused consumes alcohol. In such cases, we routinely instruct a top toxicologist in Scotland who will provide an opinion as to whether the level of alcohol in someone’s system is consistent with their position. When this is the case, it is important to instruct specialist solicitors to ensure that the defence is presented properly.

What is the legal alcohol limit for drivers in Scotland?

Scotland has stricter drink driving limits than the rest of the UK:

22 micrograms of alcohol per 100 millilitres of breath
50 milligrams of alcohol per 100 millilitres of blood
67 milligrams of alcohol per 100 millilitres of urine

Even a single drink may put you over the limit. Many drivers are surprised by how little alcohol it takes.

Can I drive the morning after drinking?

It’s entirely possible to still be over the legal limit the morning after a night of drinking, depending on:

How much alcohol you consumed
How long you’ve given your body to metabolise it
Your weight, metabolism, and other personal factors

There is no set time when it’s “safe”—many drink driving charges result from early morning stops.

How will a conviction affect my insurance premiums?

A drink driving conviction will significantly increase your car insurance premiums. Some insurers may even refuse to provide cover.

The increase typically lasts at least 5 years, but may continue beyond that, especially if the offence is recent or involved aggravating factors.

What happens if I’m convicted twice for drink driving?

If convicted of drink driving twice within 10 years, penalties are much more severe:

Minimum 3-year disqualification
Higher risk of a custodial sentence
Substantially higher fines
Permanent record which may severely impact employment prospects

Courts view repeat offences extremely seriously. In these cases, expert legal representation is absolutely essential to mitigate the consequences.

Can I represent myself in a drink driving case?

You can—but drink driving cases are legally complex:

Technical evidence (test results, calibration records)
Procedural technicalities
Specialist knowledge of case law & sentencing guidelines

Mistakes or failure to challenge weak points in the Crown’s case can result in harsher penalties. Representation ensures nothing is missed and you achieve the best possible outcome.