20 December 2017
Scottish Government’s lowering of the drink driving limit remains a sobering thought. Scotland’s 50mg of alcohol per 100ml of blood limit is lower than the rest of the UK (where the level remains 80mg).
This has been accompanied in recent years by Festive enforcement campaigns by Police Scotland to identify those breaching the new limit. Around 19,000 drivers were stopped during the 2016/17 festive period campaign with a total of 625, or 1 in 30, over the limit compared with one in 36 during the same period in the previous year.
If convicted of drink driving under the Road Traffic Act 1988, the Court has the power to impose a range of sentences from financial penalties to imprisonment of up to 12 months in more serious cases, in addition to imposing a minimum disqualification from driving of 12 months.
The Crown Office and Procurator Fiscal’s Service, who prosecute crime in Scotland, are also making increased use of powers under the Road Traffic Offenders Act 1988 to seize and forfeit vehicles involved in alleged drink driving offences, meaning that individuals charged may face further financial and practical hardship through loss of their vehicle, in addition to the sentence passed by the Court.
Perhaps most at risk are the ‘next day’ drivers who do not appreciate that they remain over the limit when getting behind the wheel. A number of high profile prosecutions and convictions have shone further spotlight on this issue.
Our expert criminal defence solicitors have a wealth of experience in this area representing clients throughout the country. It is never too early to seek legal advice.
Vikki Watt, Partner & Solicitor Advocate: vwa@bto.co.uk / 0141 221 8012