Drink and Drug-Driving and the Law
Approximately 1 in 9 deaths on Scottish roads involve drivers who are over the legal limit. The risk of being involved in an accident increases rapidly when alcohol and/or drugs are consumed.
The Law
Causing death by dangerous driving whilst under the influence of drink and/or drugs will result in a maximum 14-year jail sentence and a minimum 2 year driving ban.
Even if you are under the limit, you can still be charged with impairment through drink or drugs (legal or illegal)
The likelihood of being caught is now greater than ever before. Police will breathalyse any driver who:
- has been stopped for any moving traffic offence (e.g. using a mobile phone, a faulty brake light, not wearing a seatbelt)
- they suspect has been drinking
- has been involved in an accident
The Morning After
A person can easily still be over the limit the morning after an evening's drinking:
- It can take up to 10 hours to be alcohol free after drinking one bottle of wine.
- It can take up to 13 hours to be alcohol free after drinking four pints of strong lager or ale.
If caught driving over the limit the next morning, motorists face the same consequences as if they had been caught the night before.
Consequences of drink or drug-driving
The amount of drinks or drugs you have taken makes no difference – whether you are just over the limit or well over the limit, in the eyes of the law you are still a convicted drunk-driver or drug-driver and the consequences are exactly the same. And if caught driving over the limit the next morning, motorists face the same consequences as if they had been caught the night before.
Driving or attempting to drive whilst above the limit will result in:
- Loss of licence – an automatic 12 month driving ban
- A risk of being fined up to £5,000
- A criminal record – for a minimum of 20 years
- An offence which stays on your licence for 11 years
- And can now result in seizure and forfeiture of the vehicle
New enforcement in Scotland means if you are caught drink-driving for a second time, your vehicle can be taken away from you for good. Read more on this new enforcement.
Having a criminal record can really impact on peoples' lives, affecting:
- Relationships
- Job prospects
- Travel – e.g. to USA
- Insurance premiums, which can triple
- Hiring a car
- Social standing
