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In Scotland, including Stonehaven, DUI and DWI are commonly referred to as drink driving and drug driving. These are criminal offences that arise when a person drives, attempts to drive, or is in charge of a motor vehicle after consuming alcohol or drugs to a level over the legal limit, or while unfit to drive. Police Scotland investigates these offences, and prosecutions are brought by the Crown Office and Procurator Fiscal Service. Cases from Stonehaven are usually heard at Stonehaven Sheriff Court.
Scottish drink driving limits are stricter than in England and Wales. Scotland also has a specific drug driving offence with set limits for a range of controlled and prescription drugs. Convictions can lead to a mandatory driving disqualification, a fine, and in some cases imprisonment, along with serious insurance and employment consequences.
You may benefit from legal representation if any of the following apply:
- You face a first offence and need guidance on likely outcomes, options for an early plea, and steps to reduce penalties where possible.
- Your reading is high, there was an accident, or there are allegations of dangerous driving, which can increase sentencing risk.
- You refused or allegedly failed to provide a specimen and believe you had a reasonable excuse, for example a medical condition.
- You were not actually driving and the allegation is being in charge of a vehicle while over the limit, which has different legal tests and potential defences.
- You take prescribed medication and need to show you took it as directed and were not impaired.
- There may have been procedural errors in the stop, arrest, or testing process, such as issues with the roadside test, evidential breath machine, blood or urine sampling, or continuity of evidence.
- You rely on your licence for work, face totting up disqualification, or wish to raise special reasons related to the offence that could affect disqualification.
- You are concerned about the impact on immigration, travel, professional registrations, or insurance and need tailored advice.
Key points relevant to Stonehaven and the rest of Scotland include:
- Alcohol limits: 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. These limits are lower than in England and Wales.
- Drug driving: Scotland has a specified limit offence for many drugs. Illegal drugs have very low threshold limits. Some prescription medicines also have limits. It remains an offence to drive while unfit due to drugs, even if a drug is not on the specified list or you are below the set limit.
- Testing and procedure: Police can require a roadside screening test. If positive or if there is suspicion of impairment, you will be taken to a police station for an evidential breath test, or for blood or urine if required. Refusing without a reasonable excuse is a separate offence.
- Prosecution and courts: The Procurator Fiscal prosecutes in the Sheriff Court. An early guilty plea can attract a sentencing discount. Legal aid may be available subject to eligibility.
- Penalties on conviction for driving or attempting to drive over the limit typically include a mandatory disqualification of at least 12 months, a fine, and up to 6 months in custody in serious cases. A second relevant conviction within 10 years usually carries a minimum 3 year ban. Being in charge while over the limit carries a different range of penalties and can result in either penalty points or disqualification.
- Rehabilitation courses: Courts can offer an approved drink drive rehabilitation course. If you complete it, your ban can be reduced by up to 25 percent at the court’s discretion.
- High risk offender rules: If your alcohol level was very high, you have multiple relevant disqualifications within 10 years, or you failed to provide, you may be classed as a high risk offender. Before you can get your licence back after the ban, the DVLA may require a medical assessment to determine your fitness to drive.
- Licence and records: Driving disqualifications apply throughout Great Britain. Convictions can affect insurance premiums and may appear on your criminal record for a period under the Rehabilitation of Offenders rules. Disclosure is handled in Scotland by Disclosure Scotland.
The limit is 22 micrograms of alcohol in 100 millilitres of breath, 50 milligrams in 100 millilitres of blood, and 67 milligrams in 100 millilitres of urine. These are stricter limits than in England and Wales.
If you are convicted of driving or attempting to drive while over the limit, the court must impose a driving ban of at least 12 months. The length can be longer depending on the reading and circumstances. For being in charge while over the limit, the court can impose points or a ban.
For driving or attempting to drive while over the limit, the court can impose a fine, a mandatory ban of at least 12 months, and in more serious cases a custodial sentence. The exact sentence depends on the alcohol or drug level, whether there was an accident, and aggravating or mitigating factors.
Yes. If the court offers an approved drink drive rehabilitation course and you complete it by the deadline, your ban can usually be reduced by up to 25 percent.
Alcohol can remain in your system well into the next day. Because Scotland has a lower limit, you can be over the limit the morning after. There is no safe way to calculate this at home. If in doubt, do not drive.
The drug driving law sets limits for some prescription medicines. It is not an offence to drive above the limit if the medicine was taken as prescribed and you were not impaired, but you may still be arrested and tested. Keep evidence of your prescription and follow your doctor’s directions. If you feel impaired, do not drive.
The decision on which evidential test to use is for the police, based on the circumstances and statutory procedures. You must provide the requested specimen unless you have a reasonable excuse, usually a medical reason. Refusing without a reasonable excuse is a separate offence with serious penalties.
You can be prosecuted for being in charge while over the limit even if you were not driving. The court considers whether there was a real likelihood of you driving while over the limit. Where this is alleged, early legal advice is important because the legal tests are different to driving.
Many first offenders receive a fine and a ban, not custody, particularly at lower readings and where there was no accident or injury. Custody becomes more likely with very high readings, accidents, or aggravating features.
Your case will call in the Sheriff Court. You will be asked to state your plea. If you plead guilty, the Sheriff may sentence you on the day or request reports. If you plead not guilty, the case will be continued to a trial diet. The Procurator Fiscal prosecutes. A solicitor can advise you on plea, evidence, and mitigation.
- Police Scotland - information on roadside testing, arrests, and custody rights.
- Crown Office and Procurator Fiscal Service - Scotland’s public prosecution service.
- Stonehaven Sheriff Court - local court for summary criminal cases in the area.
- Scottish Legal Aid Board - information on eligibility for criminal legal aid.
- DVLA - driving licence revocation and restoration, high risk offender medicals.
- Scottish Government - guidance on drink and drug driving limits and campaigns.
- Disclosure Scotland - information on criminal record disclosures.
- Drinkaware and local alcohol support services - help and education on alcohol use.
- Road Traffic Act 1988 and Road Traffic Offenders Act 1988 - primary legislation for these offences.
- Do not ignore the charge or court paperwork. Missing a court date can lead to a warrant for your arrest.
- If arrested or invited for a voluntary interview, you have the right to speak to a solicitor. Ask to do so as soon as possible and before answering substantive questions.
- Gather documents that may help your solicitor, including your charge sheet, bail undertakings, witness details, prescription evidence if relevant, and any dashcam or phone data.
- Write down your recollection of events while it is fresh, including timings, what you drank or took, when you last drove, and any discussions with officers about tests.
- Consider whether there are mitigation factors such as genuine emergency, very short distance driven, or spiked drink concerns. Discuss these with your solicitor. Only the court can decide whether any special reasons apply.
- If you intend to plead guilty, early engagement and preparation of a mitigation statement, character references, and evidence of steps taken to address issues such as alcohol use can assist the court.
- Ask your solicitor about the possibility of a drink drive rehabilitation course and whether legal aid is available for your case.
This guide is general information only. For advice on your specific situation in Stonehaven, speak to a qualified Scottish criminal defence solicitor.
