"Drink / drive" ~ lower limits apply in Scotland

12:25 0 Comments

From 5th December, the alcohol limit for driving in Scotland has been reduced - see Scottish Government - Lower Drink Drive limits and also Scottish Government - New Drink drive limit.  It appears that prosecutions are likely to be brought even in marginal cases where the reading is just above the limit - Why the new Scottish Drink Drive Limits are even tougher than you think.

The relevant Scottish legislation is the Road Traffic Act 1988 (Prescribed Limit)(Scotland) Regulations 2014 and the new limits are:

a) 22 microgrammes of alcohol in 100 millilitres of breath ... 35;
b) 50 milligrammes of alcohol in 100 millilitres of blood ... 80
c) 67 milligrammes of alcohol in 100 millilitres of urine ... 107

The figures in red show the corresponding limits for England, Wales and Northern Ireland. 
For England and Wales, the Crown Prosecution Service (CPS) offers this guidance - Drink Driving Offences

In England and Wales, the excess alcohol offences (Road Traffic Act 1988 section 5) is triable summarily in the Magistrates' Court - see the sentencing guidelines at page 124 of the Sentencing Guidelines document.   The offender's driving licence must be endorsed and a minimum disqualification of 12 months imposed.  In some situations the minimum disqualification must be higher.  The actual sentence imposed will vary according to the actual alcohol reading from Band C fine at the lower end to 26 weeks imprisonment at the higher end.  The surcharge provisions will apply as well as court costs.  Even when the offender's disqualification ends, a vastly increased insurance premium is inevitable.

Many defendants charged with excess alcohol offences find that they do not qualify for legal aid to cover representation in the Magistrates' Court.  This is because legal aid is subject to a double test: (a) interests of justice and (b) means.

I have no doubt that it will not be long before the rest of the UK comes into line with Scotland and, for that matter, most of EU.