Best DUI & DWI Lawyers in Aberdeen

About DUI & DWI Law in Aberdeen, United Kingdom

In the United Kingdom the terms DUI and DWI are not used in legislation. In Aberdeen, which is within Scotland, the law refers to drink driving and drug driving offences under the Road Traffic Act 1988. Scotland has lower alcohol limits than England and Wales, stricter enforcement, and procedures handled by Police Scotland and the Crown Office and Procurator Fiscal Service. Cases are usually heard at the Aberdeen Sheriff Court or the local Justice of the Peace Court, depending on the seriousness of the allegation.

Key offences include driving or attempting to drive while over the alcohol limit, being in charge of a vehicle while over the limit, driving while unfit through drink or drugs, and driving with a specified drug over a set limit. Penalties can include disqualification, a fine, community based sentences, and in serious cases imprisonment. A drink drive rehabilitation course may be offered by the court which can reduce the length of a driving ban if completed.

Why You May Need a Lawyer

You may need a lawyer if you have been stopped, arrested, invited for a voluntary interview, charged, or received a court citation related to drink or drug driving. A solicitor can examine whether the police had lawful grounds to stop you, whether roadside and station procedures were correctly followed, and whether specimens were obtained and handled lawfully. Technical or procedural issues can be decisive in these cases.

Legal help is also important where there are aggravating features such as an accident, a very high reading, passengers or children in the vehicle, a previous relevant conviction within the last 10 years, or if you are a professional driver whose livelihood depends on your licence. A solicitor can advise on plea strategy, negotiate with the Procurator Fiscal, present mitigation to reduce penalties, argue special reasons that may avoid or reduce disqualification, and guide you through appeals.

If you are a visitor to Scotland, hold a non UK licence, or are on prescription medication, tailored legal advice can clarify how Scottish law applies to your circumstances and how a Scottish ban can affect your right to drive elsewhere.

Local Laws Overview

Alcohol limits in Scotland are lower than in England and Wales. The prescribed limits in Scotland are 22 micrograms of alcohol in 100 millilitres of breath, 50 milligrams of alcohol in 100 millilitres of blood, or 67 milligrams of alcohol in 100 millilitres of urine. You can commit an offence by driving or attempting to drive over these limits, or by being in charge of a vehicle while over the limit.

Drug driving is enforced under the specified limit regime. Police Scotland can test for certain drugs at the roadside and require a blood sample at a station or hospital. Limits exist for a range of controlled drugs. You can also be prosecuted for being unfit to drive due to drugs or alcohol even if your alcohol level is under the limit, for example due to impairment from medication.

Police powers and procedure typically involve a lawful stop, a preliminary breath test or impairment assessment, arrest if there is a positive test or reasonable suspicion, and an evidential breath test at the station. If a breath test is not possible for medical or operational reasons, an evidential blood or urine specimen can be required. Failing or refusing to provide a specimen without a reasonable excuse is a separate offence and usually leads to disqualification if convicted.

Penalty ranges depend on the offence and circumstances. For driving or attempting to drive over the limit, the court must impose a driving ban of at least 12 months, or at least 3 years if there is a previous relevant conviction within 10 years. There is also the risk of a fine, community based disposal, or up to 6 months imprisonment in serious cases. For being in charge over the limit, the court can impose 10 penalty points or a discretionary ban, a fine, and up to 3 months imprisonment in more serious cases. Causing death or serious injury while under the influence carries far more severe penalties, including a lengthy prison sentence and a long or indefinite disqualification with an extended re test requirement.

Scottish courts may offer a drink drive rehabilitation course, which if completed can reduce the period of disqualification by up to 25 percent. Some offenders are classed as high risk and must satisfy DVLA medical requirements before a licence is returned. The New Drivers Act rules on revocation for 6 penalty points within 2 years of passing the first test are separate from a drink driving disqualification.

Criminal procedure in Aberdeen usually involves an initial appearance at the Sheriff Court. There can be a pleading diet, an intermediate diet, and a trial diet for contested cases. Early guilty pleas can attract sentence discounts. In some instances a solicitor can appear on your behalf, but the court can require your personal attendance where disqualification is in issue.

Frequently Asked Questions

What are the legal alcohol limits in Aberdeen and across Scotland

Scotland has lower limits than England and Wales. The limits are 22 micrograms of alcohol in 100 millilitres of breath, 50 milligrams per 100 millilitres of blood, and 67 milligrams per 100 millilitres of urine. Exceeding these limits while driving or attempting to drive is an offence.

What happens if I am stopped by Police Scotland for suspected drink or drug driving

Officers can require a preliminary breath test and ask questions about recent drinking or drug use. If the test is positive or there is reasonable suspicion, you can be arrested and taken to a station for an evidential test. If drugs are suspected, a roadside drug screening or impairment test can be carried out, followed by an evidential blood sample at the station or hospital.

Do I have to provide a breath, blood, or urine sample

Yes if lawfully required. Refusing or failing to provide without a reasonable excuse is a separate offence that usually results in a disqualification and can carry a fine and imprisonment. Medical conditions may be a reasonable excuse, but you should take legal advice before relying on this.

What penalties could I face for drink driving in Aberdeen

The court must impose at least a 12 month ban for driving or attempting to drive over the limit, and at least 3 years if you have a previous relevant conviction within 10 years. You also face a fine, community based sentence, and in serious cases up to 6 months imprisonment. Aggravating factors like a very high reading, an accident, or passengers can increase the penalty.

Is there any way to reduce a driving ban

The court can offer a drink drive rehabilitation course at the time of sentencing. If you complete it by the deadline, the ban can be reduced by up to 25 percent. In limited circumstances a court can find special reasons related to the offence for not imposing a ban or for imposing a shorter ban, for example where drinks were spiked or only a very short distance was driven in an emergency. Exceptional hardship arguments do not avoid the mandatory ban for drink driving.

Can I insist on a blood or urine test instead of breath

Normally evidential breath testing is used at the station. A blood or urine specimen is taken if breath testing is not practicable or if there is a medical reason. You do not have a free choice of sample type, although officers must follow the statutory procedure and consider medical issues.

How does drug driving work with prescription medication

Some prescription drugs have specified limits. You can have a medical defence if the medicine was lawfully prescribed and taken as directed, and your driving was not impaired. Always check the leaflet for warnings about driving and keep evidence of your prescription. If you feel impaired, do not drive regardless of dosage.

Will I lose my job or my professional licence

Professional drivers and those requiring fleet insurance are at particular risk. A disqualification prevents you from driving for work. Some regulated professions require disclosure of convictions. Speak to a solicitor about minimising consequences and about timing and content of disclosures to employers or regulators.

What is the difference between DUI and DWI in Aberdeen

These are American terms. In Scotland the relevant offences are drink driving, being in charge while over the limit, driving while unfit through drink or drugs, and drug driving over specified limits. The principles are similar in that they target impaired or over limit driving.

Do I need to attend court in person

Your solicitor can often appear for you on routine hearings, but the court can require your attendance, especially where disqualification will be imposed or for trial. Always follow the instructions on your citation and your solicitor's advice. Failure to attend when required can lead to a warrant for your arrest.

Additional Resources

Police Scotland for information on enforcement, roadside testing, and custody procedures. Crown Office and Procurator Fiscal Service for information on how cases are prosecuted. Aberdeen Sheriff Court and Justice of the Peace Court for venue and court process details via the Scottish Courts and Tribunals Service. DVLA for licensing, high risk offender medical requirements, and licence return after disqualification. Law Society of Scotland to find a local road traffic solicitor. Citizens Advice Scotland for free general guidance and support. Road Safety Scotland for public awareness on drink and drug driving. Drink Drive Rehabilitation Scheme course providers approved to deliver rehabilitation courses in Scotland. Scottish Legal Aid Board for eligibility information about legal aid in criminal cases.

Next Steps

Do not drive if you are suspended from driving or if you have been advised you will be reported for disqualification. Carefully read any paperwork given by Police Scotland, including your charge, bail conditions, and citation dates. Contact a Scottish road traffic solicitor as soon as possible to discuss the allegation, time limits, and your options. Ask about legal aid eligibility and likely costs.

Write down your recollection while it is fresh, including timings, food and drink consumption, medication taken, any medical issues, and potential witnesses. Keep receipts or evidence that may corroborate your account. Provide your solicitor with copies of your driving licence, insurance, and any medical documentation. Do not contact witnesses in a way that could be seen as pressure, and do not post about the case on social media.

Discuss with your solicitor whether to plead guilty or not guilty, any technical or procedural challenges, and mitigation strategies. If you intend to plead guilty, early engagement can help secure maximum credit. Ask the court at sentencing about eligibility for a drink drive rehabilitation course. If you are disqualified, clarify with DVLA what is required before you can lawfully drive again, including any medical assessment for high risk offenders.

This guide is general information about Aberdeen and Scottish law. It is not legal advice. For advice on your specific situation, consult a qualified Scottish solicitor.