Best Drunk Driving Lawyers in Aberdeen

About Drunk Driving Law in Aberdeen, United Kingdom

In Scotland, including Aberdeen, drunk driving is commonly referred to as drink driving. It is a criminal offence to drive, attempt to drive, or be in charge of a vehicle after consuming alcohol above the legal limit or while unfit through drink. Police Scotland actively enforces these laws in and around Aberdeen, from city streets to rural roads and trunk routes. Cases are prosecuted by the Crown Office and Procurator Fiscal Service and are usually heard at Aberdeen Sheriff Court or the Justice of the Peace Court, depending on seriousness.

Scotland has lower alcohol limits than England and Wales. Even small amounts of alcohol can put a driver over the limit. Penalties are strict and can include a mandatory driving ban, a fine, and possible imprisonment, as well as long term effects on employment, insurance, and travel.

Why You May Need a Lawyer

A specialist road traffic solicitor can be crucial in the following situations:

- You have been arrested after a positive roadside breath test in Aberdeen or the surrounding area, and you need urgent advice before or after interview.

- You are charged with driving or attempting to drive while over the limit, or being in charge of a vehicle while over the limit.

- You refused or were unable to provide a specimen of breath, blood, or urine and face a separate failure to provide charge.

- There are questions about the legality of the stop, the reliability of the breathalyser equipment, the procedure used at the police station, or whether a blood or urine sample was taken correctly.

- You want to explore special reasons that might avoid disqualification, for example a genuine emergency, a very short distance driven, or unknowingly consumed alcohol.

- You hope to reduce a disqualification by taking an approved rehabilitation course, or you are concerned about High Risk Offender status and licence reinstatement.

- You intend to plead not guilty and require representation at Aberdeen Sheriff Court, or you wish to appeal a conviction or sentence within strict time limits.

- You are a professional or learner driver facing knock-on consequences for work, immigration, or professional registrations, and need tailored mitigation.

Local Laws Overview

- Core offences: Under the Road Traffic Act 1988, it is an offence to drive or attempt to drive while unfit through drink, to drive or attempt to drive with excess alcohol, or to be in charge of a vehicle with excess alcohol. Scotland also enforces drug driving limits for specified controlled drugs.

- Scottish alcohol limits: 22 micrograms of alcohol per 100 millilitres of breath, 50 milligrams of alcohol per 100 millilitres of blood, or 67 milligrams of alcohol per 100 millilitres of urine. These lower limits mean that even one drink can sometimes result in being over the limit.

- Police powers in Scotland: Police Scotland can require a roadside breath test if they reasonably suspect drinking, see a moving traffic offence, or after a collision. If the test is positive or refused, you can be arrested and taken to a police station for an evidential test. Failing to provide a specimen without reasonable excuse is a separate offence.

- Procedure and prosecution: Cases from Aberdeen are prosecuted by the Procurator Fiscal. Many drink driving cases proceed under summary procedure in the Sheriff Court or Justice of the Peace Court. You may be released on an undertaking to appear in court on a set date.

- Penalties on conviction: A mandatory driving disqualification of at least 12 months for driving or attempting to drive with excess alcohol or while unfit. The court can impose a fine up to level 5 on the standard scale and up to 6 months imprisonment in serious cases. Being in charge while over the limit carries a lower maximum sentence and either 10 penalty points or a discretionary ban.

- Aggravating and mitigating factors: Sentence can be higher where the alcohol reading is high, there is poor driving, a collision, injury, passengers at risk, or previous relevant convictions. Early guilty pleas, low readings, no aggravating features, and evidence of steps to address alcohol use can reduce penalties.

- Rehabilitation courses: Scottish courts can offer an approved drink drive rehabilitation course. Successful completion can reduce the disqualification by up to 25 percent. Availability is at the court's discretion and you must accept the offer at sentencing.

- High Risk Offender rules: Drivers with very high readings, repeat offences, or failure to provide can be classified as High Risk Offenders by DVLA and will need a medical assessment before licence return when the ban ends.

- Places the law applies: Offences cover roads and other public places. Being on private land is not a defence if the public has access.

- Appeals and time limits: Appeals in summary cases have very short time limits. Seek legal advice immediately if you wish to appeal.

- Legal aid: Criminal legal aid in Scotland is administered by the Scottish Legal Aid Board, subject to means and merits. Many Aberdeen solicitors offer fixed fees for guilty pleas or trials.

Frequently Asked Questions

What is the legal alcohol limit for drivers in Aberdeen and the rest of Scotland?

The limits are 22 micrograms of alcohol per 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, and 67 milligrams per 100 millilitres of urine. These are lower than in England and Wales.

What happens if I am stopped and asked to take a breath test?

If an officer reasonably suspects you have been drinking, they can require a roadside breath test. If it is positive or you refuse, you will likely be arrested and taken to a police station for an evidential test using an approved device. You have the right to legal advice.

Can I refuse to provide a specimen?

Refusing without a reasonable excuse is a separate offence that carries similar penalties to drink driving, including a mandatory ban if the allegation is driving or attempting to drive. Medical reasons must be genuine and usually supported by evidence.

What are the typical penalties for a first offence?

For driving or attempting to drive with excess alcohol, the court must impose a ban of at least 12 months. Fines are common, with custody reserved for serious cases such as very high readings or crashes. The court may offer a rehabilitation course that can reduce the ban by up to 25 percent.

Will I go to prison for drink driving?

Imprisonment is possible but not automatic. It is more likely where the reading is very high, there is dangerous driving or a collision, or there are previous convictions. Most first time offenders receive a fine and a ban.

Is there any way to avoid a driving ban?

A ban is mandatory for driving or attempting to drive with excess alcohol unless the court finds special reasons not to disqualify, such as a very short distance driven or spiked drinks. These cases are rare and require strong evidence. Exceptional hardship to you or your family is not a basis to avoid a drink driving ban.

What if I was only sitting in my car and not driving?

You can be charged with being in charge of a vehicle while over the limit. The court will consider whether there was a realistic prospect of you driving while over the limit. If you can show you were not likely to drive until you were under the limit, you may have a defence.

How will a conviction affect my insurance and my record?

Premiums usually increase significantly, and some insurers may refuse cover for a period. The conviction is recorded on your criminal record. For disclosure, a fine is generally spent after 12 months, but if a disqualification is imposed, disclosure lasts at least until the ban ends. Certain jobs and visa applications may still require disclosure of spent convictions.

Can I get my licence back early?

For longer bans, you may apply to the court for early removal of disqualification after a set portion has passed, typically 2 years or longer depending on the original length. High Risk Offenders usually need a DVLA medical before any licence is returned.

Do drug driving laws apply in Scotland?

Yes. Scotland enforces specific limits for certain controlled drugs, alongside the existing offence of driving while unfit through drink or drugs. Penalties are similar to drink driving, including mandatory disqualification for driving or attempting to drive.

Additional Resources

Police Scotland - information on roadside testing, arrests, and custody in the North East division.

Crown Office and Procurator Fiscal Service - prosecutes road traffic offences arising in Aberdeen.

Scottish Courts and Tribunals Service - details about Aberdeen Sheriff Court and Justice of the Peace Court processes and scheduling.

Scottish Legal Aid Board - information on eligibility and how criminal legal aid works in Scotland.

DVLA - driver licensing, High Risk Offender medical requirements, and licence reinstatement.

Law Society of Scotland - find a local solicitor with road traffic expertise in Aberdeen and the North East.

Road Safety Scotland - guidance on alcohol limits and driver education.

Alcohol Focus Scotland - support and information about alcohol use and services in Scotland.

Next Steps

- Do not delay getting advice. If you have been charged or given an undertaking to appear at Aberdeen Sheriff Court, contact a Scottish road traffic solicitor immediately. Time limits for appeals and certain court options can be as short as 7 days.

- Gather key information. Note the date, time, and location of the stop, what you drank and when, when you last ate, any witnesses, and what the police said and did. Keep any paperwork, including the breath test printout, charge sheet, and undertaking.

- Consider your plea with legal guidance. A solicitor can assess whether police procedures were followed, whether the evidential test is reliable, and whether any defences or special reasons apply. If pleading guilty, early advice can help present mitigation and secure a rehabilitation course offer.

- Plan for driving and work impact. Discuss interim travel arrangements with your employer and family. Ask your solicitor about the likely length of any disqualification and whether a course could reduce it.

- Explore funding. Ask your solicitor about eligibility for Scottish criminal legal aid or fixed fee options for representation in Aberdeen.

- Follow professional advice closely. Attend all court dates, arrive early, dress appropriately, and bring any documents your solicitor requests. If convicted and offered a rehabilitation course, accept promptly if you want to reduce the ban.

This guide is general information, not legal advice. For advice on your specific circumstances in Aberdeen or elsewhere in Scotland, consult a qualified Scottish solicitor experienced in drink driving cases.