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Drunk driving in Stonehaven is dealt with under Scottish law, which is part of the wider legal system of the United Kingdom. Stonehaven is in Aberdeenshire, and cases are usually prosecuted by the Procurator Fiscal and heard at the Sheriff Court serving the area. Scotland has a lower legal alcohol limit for drivers than England and Wales, so even small amounts of alcohol can put a driver over the limit. Police Scotland actively enforces drink driving laws through roadside checks and targeted patrols, especially around major routes such as the A90 and during high risk periods.
The two most common offenses are driving or attempting to drive while over the prescribed alcohol limit and driving or being in charge of a vehicle while unfit through drink. A related offense is failing to provide a specimen for analysis when lawfully required to do so. Convictions can lead to a mandatory driving ban, a fine, and in more serious cases imprisonment. A drink drive conviction is a criminal matter that can affect your record, insurance, employment, and the ability to travel to some countries.
Many people seek legal help after a roadside breath test leads to arrest and a charge, because the consequences of a conviction can be severe. A solicitor can explain the process, protect your rights during police procedures, and assess the evidence. In some cases there may be issues with the accuracy of the evidential breath machine, whether the police had a lawful basis to require a test, or whether proper procedures were followed at the station.
You may also need a lawyer if you are accused of being in charge of a vehicle while over the limit, if there is a dispute about who was driving, or if you say you drank alcohol only after driving. Where disqualification would cause exceptional difficulties, a solicitor can advise on whether a special reasons argument might apply. If you are a professional driver, hold a public service or taxi licence, are a new driver, or face a second offense within ten years, legal advice is especially important. A solicitor can also guide you about eligibility for legal aid in Scotland.
In Scotland, the legal alcohol limits for drivers are lower than in England and Wales. The limits are 22 micrograms of alcohol in 100 millilitres of breath, 50 milligrams of alcohol in 100 millilitres of blood, and 67 milligrams of alcohol in 100 millilitres of urine. You can be asked to provide a roadside screening breath test if the police reasonably suspect alcohol, after a traffic offense, or after a collision. Police Scotland can stop any vehicle at any time, and if the roadside test is positive or you refuse, you can be arrested and taken to a police station for an evidential test.
Key offenses include driving or attempting to drive over the limit, being in charge of a vehicle over the limit, driving or attempting to drive while unfit through drink, being in charge while unfit through drink, and failing to provide a specimen for analysis. The evidential specimen is usually breath taken on an approved device at the police station. Blood or urine may be used if breath is not suitable, for example for medical reasons. Refusing to provide a specimen without a reasonable excuse is a separate offense and usually carries similar penalties to drink driving when the allegation is driving rather than being in charge.
Sentencing in Scotland generally includes an obligatory disqualification of at least 12 months for driving or attempting to drive over the limit or while unfit, a larger minimum of at least 3 years for a second relevant offense within 10 years, a fine, and up to 6 months imprisonment for the most serious cases. Being in charge while over the limit carries a discretionary disqualification or 10 penalty points, a fine, and up to 3 months imprisonment. Courts may offer a drink drive rehabilitation course, which if completed can reduce the length of the ban by up to 25 percent. Very high readings, repeat offending, collisions, and carrying passengers are aggravating factors. Low readings, a previously clean record, genuine emergency, and early guilty plea can mitigate sentence. Where the alcohol was consumed only after driving and before police arrival, or where the distance driven was very short and circumstances were exceptional, a special reasons argument may be available, but it is fact specific and requires careful legal assessment.
After certain high readings or repeat offenses you may be treated as a high risk offender and need to satisfy medical requirements before the Driver and Vehicle Licensing Agency will return your licence at the end of a ban. Insurance premiums will usually rise significantly after a drink drive conviction, and a DR conviction code remains on your driving record for 11 years.
The limits are 22 micrograms of alcohol in 100 millilitres of breath, 50 milligrams of alcohol in 100 millilitres of blood, and 67 milligrams of alcohol in 100 millilitres of urine. These are lower than in England and Wales. Even small amounts of alcohol can take you over, and there is no safe number of drinks that guarantees you are legal to drive.
Police Scotland can stop any vehicle at any time. They can require a roadside screening breath test if they suspect you have alcohol in your body, if you have committed a traffic offense, or after an accident. Refusing the roadside test can lead to arrest and an evidential test at the station.
You are usually arrested and taken to a police station for an evidential breath test on an approved machine. If this confirms you are over the limit, you can be charged. You may be held in custody to appear at court or released on an undertaking to attend the Sheriff Court on a set date. You should seek legal advice as soon as possible.
The court must impose a driving ban of at least 12 months. There can also be a fine and, in more serious cases, a community sentence or up to 6 months imprisonment. The court may offer a drink drive rehabilitation course which can reduce the ban if completed. You will have a criminal record and your insurance costs will likely increase.
For driving or attempting to drive over the limit, a ban is normally mandatory. The court can reduce the length within guidelines and may offer a rehabilitation course. In rare cases, a special reasons argument can be advanced that does not excuse the offence but explains why disqualification should not be imposed, for example a very short distance driven in an emergency. This is fact specific and requires strong evidence.
Being in charge while over the limit is an offense, but the court has a discretion whether to impose a ban and can endorse 10 penalty points instead. If you can show there was no likelihood of you driving while still over the limit, that can be a defence. Evidence about where you were, where the keys were, and your plans matters.
Refusing without a reasonable excuse is a separate offense and usually leads to penalties similar to or worse than drink driving, including a ban. Medical reasons can sometimes amount to a reasonable excuse, but you should explain these to the police doctor rather than refuse for tactical reasons. Seek legal advice as early as possible.
Endorsement codes for drink driving normally remain on your driving record for 11 years. Insurers typically treat drink drive convictions as high risk for several years, so premiums often rise substantially. A conviction is a criminal matter and may need to be disclosed in some circumstances depending on rehabilitation rules and the type of work or checks involved.
Yes. Courts in Scotland can offer an approved course. If you are offered and complete it by the deadline, your disqualification can be reduced by up to 25 percent. You must be offered the course by the court at sentencing for the reduction to apply.
Legal aid in Scotland is administered by the Scottish Legal Aid Board. Eligibility depends on your means and the interests of justice. Many people facing a possible ban, prison, or complex legal issues meet the interests of justice test. A local criminal defence solicitor can advise quickly on eligibility and complete the application.
Police Scotland provides information on roadside checks and legal limits, and can advise on vehicle recovery after an arrest. The Crown Office and Procurator Fiscal Service is responsible for prosecutions in Stonehaven and the rest of Aberdeenshire. The Scottish Courts and Tribunals Service provides practical information about attending the Sheriff Court, including what to expect on your first appearance.
Road Safety Scotland and Drinkaware offer guidance on the effects of alcohol and how long it can take to leave your system. The Driver and Vehicle Licensing Agency handles driver licensing, high risk offender medical requirements, and the return of licences after disqualification. The Scottish Legal Aid Board explains legal aid eligibility and process.
If you have been stopped or charged, write down everything you remember about the stop, timing of drinks, when you last ate, and any medical issues. Keep custody or undertaking paperwork safe, and note your court date and location.
Contact a Scottish criminal defence solicitor who regularly appears in the Sheriff Court serving Stonehaven and Aberdeenshire. Ask about experience with drink driving cases, likely timescales, costs, and whether you may be eligible for legal aid. Share any evidence you have, such as receipts, phone data, dashcam footage, or witness details.
Do not drive if you are on a bail condition not to drive or if you are unsure whether you are still over the limit the morning after. If offered, consider a drink drive rehabilitation course to reduce any ban. If you depend on your licence for work or care responsibilities, discuss with your solicitor whether any mitigation or special reasons argument may apply in your case.
This guide is for general information only. It is not legal advice. Laws and procedures can change, and outcomes depend on specific facts. For advice on your situation, speak to a qualified solicitor in Scotland without delay.
