Best Drunk Driving Lawyers in Stonehaven

About Drunk Driving Law in Stonehaven, United Kingdom

In Scotland, drunk driving is commonly called drink driving. Stonehaven is within Aberdeenshire, so cases are investigated by Police Scotland and prosecuted by the Crown Office and Procurator Fiscal Service. The law is set mainly by the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, which apply across Great Britain, together with Scottish criminal procedure. Scotland has a lower legal alcohol limit than England and Wales. If you are over the limit, or unfit to drive because of alcohol, you face arrest, a court case, and a mandatory driving ban if convicted.

The Scottish limits are strict. Many drivers are surprised by how little alcohol it can take to exceed them. The safest approach is not to drive if you have consumed alcohol, including the morning after. If you are stopped in or around Stonehaven, you can be required to take a roadside breath test and, if arrested, to provide an evidential sample at a police station or by an approved device.

Why You May Need a Lawyer

You may need a solicitor if you are charged with driving or attempting to drive while over the limit, being in charge of a vehicle while over the limit, or failing to provide a specimen when required. These offences carry serious penalties, including a mandatory driving disqualification for most drink driving charges, possible imprisonment, and long term effects on insurance and employment. A lawyer can assess the strength of the evidence, advise on plea, and represent you in court.

Legal advice is valuable where there are questions about the stop and test procedure, your rights during custody, the reliability of the breath test machine, or potential medical excuses for failing to provide a specimen. Advice is also important if there was a collision, injury, or a very high reading, as sentencing can be more severe. If you rely on your licence for work, a solicitor can advise on options such as drink drive rehabilitation courses, special reasons arguments, and applications for early removal of disqualification in appropriate cases.

If you were released on an undertaking to appear at court, you will have a fixed date for your first hearing. A lawyer can contact the Procurator Fiscal to request disclosure, identify any urgent steps such as obtaining CCTV, and guide you through Scottish court procedure. If English is not your first language or you have vulnerabilities, a solicitor can ensure you receive interpretation and support.

Local Laws Overview

Legal alcohol limits in Scotland are lower than in England and Wales. 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. You can commit an offence by driving or attempting to drive while over the limit, or by being in charge of a vehicle while over the limit. You can also commit an offence by failing to provide a preliminary breath test at the roadside or an evidential specimen at the station without a reasonable excuse.

Police powers and procedure are well defined. Police can stop any vehicle at any time. If they reasonably suspect alcohol has been consumed, consider a traffic offence has been committed, or after an accident, they can require a roadside breath test. If you fail or refuse, or if they suspect impairment, you can be arrested and taken for an evidential breath test on an approved device, or for blood or urine if breath testing is not possible. In Scotland, there is no general right to insist on a blood test instead of breath. Once arrested, you have the right to speak to a solicitor before interview.

Penalties are significant. For driving or attempting to drive over the limit, there is a mandatory disqualification of at least 12 months. A second relevant offence within 10 years brings a minimum three year ban. Courts can impose a fine and up to six months imprisonment for summary offences, with more serious outcomes for cases involving injury or death. Being in charge while over the limit can bring a fine, up to three months imprisonment, and either 10 penalty points or a discretionary ban. Failing to provide a specimen without reasonable excuse is treated similarly to drink driving and carries a mandatory ban.

Sentencing factors include your alcohol level, manner of driving, any collision, aggravating features like passengers or poor weather, and previous convictions. Courts in the North East often offer a drink drive rehabilitation course. If completed by the deadline, it can reduce a ban by up to 25 percent. High risk offenders must reapply to the Driver and Vehicle Licensing Agency and satisfy a medical assessment before a licence is returned. Special reasons, such as an unexpected spiking or a very short distance driven, can allow a court to avoid or reduce an otherwise mandatory disqualification, but they are narrowly applied and depend on evidence.

Cases from Stonehaven are typically heard at Aberdeen Sheriff Court or a local Justice of the Peace Court. Proceedings start with a pleading diet, where you state your plea. If you plead not guilty, the court will set an intermediate diet and a trial diet. The Procurator Fiscal must disclose the evidence, which may include body worn video, breath test records, calibration certificates, witness statements, and accident reports.

Frequently Asked Questions

What is the legal alcohol limit for drivers in 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.

Will I lose my licence if I am convicted of drink driving?

For driving or attempting to drive while over the limit, a ban of at least 12 months is mandatory. If it is a second relevant offence within 10 years, the minimum ban is three years. The court can also impose a fine and up to six months in prison in more serious cases.

Can I refuse a breath test and ask for a blood test instead?

No. In Scotland there is no general right to insist on a blood or urine sample instead of breath. If a reliable evidential breath test is available, the police can require it. Refusing without a reasonable excuse is a separate offence that carries a mandatory disqualification.

What counts as a reasonable excuse for not providing a specimen?

Only genuine medical or physical reasons, supported by evidence, such as severe respiratory conditions preventing reliable breath samples, or other conditions preventing blood or urine samples. Anxiety, inconvenience, or not wanting to cooperate will not usually count.

What happens at my first court appearance?

Your first hearing is called the pleading diet. You will be asked to plead guilty or not guilty. If you plead guilty, the sheriff or justice will sentence you. If you plead not guilty, the court will set future dates and the prosecutor will provide disclosure. Have a solicitor advise you before this hearing.

Can I argue exceptional hardship to avoid a ban?

Exceptional hardship applies to totting up bans for penalty points. It does not avoid the mandatory ban for drink driving. However, a special reasons argument, such as an unexpected spiking or a very short distance driven, can allow the court to reduce or avoid a ban, but it is rare and fact specific.

Will a conviction affect my job and insurance?

Yes. Many employers have strict policies for driving roles. Insurers view drink driving as high risk, so premiums rise and some insurers will decline cover. Convictions are recorded and must be disclosed to insurers and, where required, to employers.

Can I reduce my disqualification by doing a course?

Courts often offer a drink drive rehabilitation course. If you are offered it and complete it by the deadline, your ban can be reduced by up to 25 percent. You must accept the offer at sentencing for the reduction to apply.

What if I was only in charge of the vehicle and not driving?

Being in charge while over the limit is a separate offence. The court can endorse your licence with 10 points or impose a discretionary ban. A defence may be available if you can show there was no realistic prospect of you driving while over the limit, for example if you had secured the vehicle and arranged alternative transport.

Do I need a solicitor if I plan to plead guilty?

Yes, it is sensible. A solicitor can check the charge, ensure the procedure was lawful, gather mitigation, advise on the likely sentencing range, request a rehabilitation course, and present your circumstances to achieve the most proportionate outcome.

Additional Resources

Police Scotland - North East Division. For reporting, victim updates, and information about procedure after arrest.

Crown Office and Procurator Fiscal Service. Responsible for prosecuting road traffic offences in Scotland and for disclosure of evidence to the defence.

Scottish Courts and Tribunals Service. Information about court locations, sitting times, and guidance for accused persons and witnesses.

Aberdeen Sheriff Court and Justice of the Peace Court. Most Stonehaven area drink driving cases will call here.

Scottish Legal Aid Board. Information about eligibility for criminal legal aid and how it is assessed.

Driver and Vehicle Licensing Agency. Licence revocation and reinstatement, high risk offender medical requirements, and driving record endorsements.

Road Safety Scotland. Public education on drink driving risks and legal limits.

Citizen Advice Scotland. Independent guidance on criminal process, employment, and insurance issues following a conviction.

Drinkaware. Practical information about alcohol units, the morning after risk, and support resources.

Local defence solicitors in North East Scotland with motoring law experience. Seek a firm that regularly appears in Aberdeen Sheriff Court and JP Court.

Next Steps

If you have been stopped or charged, write down everything you remember as soon as possible, including times, locations in or around Stonehaven, what was said, whether you were offered a solicitor, and details of food and drink consumed. Keep receipts or digital records that may assist with timelines. Identify any witnesses.

Contact a Scottish criminal defence solicitor with drink driving experience immediately. If you are due to attend a pleading diet, do not wait until the day. Your solicitor can request the disclosure, including evidential breath readings, calibration certificates for the approved device, and any body worn video or CCTV. Where appropriate, they can instruct an expert to review the reliability of the procedure and the readings.

Do not discuss your case on social media. Do not contact potential witnesses in a way that could be seen as pressure. If you are on police bail or subject to undertaking conditions, comply strictly with all conditions and attend court on time with identification.

Consider practical planning. Speak to your employer about possible adjustments if you may lose your licence. Explore transport alternatives in the Stonehaven area. If you are eligible and the court offers it, accept a drink drive rehabilitation course to reduce any ban.

If you are convicted and banned for three years or more, ask your solicitor about applying to the Sheriff Court for early removal of disqualification after the qualifying period. If you are designated a high risk offender, plan for the DVLA medical and any evidence needed to demonstrate fitness to drive before your licence can be returned.

Throughout, remember that each case turns on its facts. Early, tailored advice from a local solicitor is the best way to protect your position and move forward.