Festive 2009 campaign
The 2009 Drink/Drug-Driving campaign is all about the risks and consequences of drink/drug-driving and the message that Scotland has just got tougher on drink-driving.
Tougher consequences
Drivers who get caught drink-driving will face tougher consequences. Enforcement will continue as usual but, this year, a new initiative means that drivers caught drink-driving for a second time can have their vehicle taken away for good because authorities are using their powers to seize and forfeit vehicles.
Don't Risk It
It's a tougher line on drink-driving from Scotland, led by the Association of Chief Police Officers in Scotland (ACPOS) and supported by the Scottish Government, Road Safety Scotland and the Crown Office and Procurator Fiscal Service. Their joint aim is to raise awareness of the consequences of drink-driving and, ultimately, stop people from doing it. While the general consensus may be that drink-driving is considered socially unacceptable, the facts show that it is still happening — over 650 were charged during last year's festive campaign, and approximately 1 in 9 deaths on Scottish roads involve drivers who are over the legal limit.
As well as posing a risk to yourself and others, people who choose to drink and drive also face a whole host of consequences. If caught drink-driving, not only will you lose your licence and get an automatic 12 month ban, you get a criminal record for a minimum of 20 years and risk being fined up to £5,000.
It's a simple message — don't risk it.
Frequently asked questions
All drivers caught drink-driving face losing their licence, getting a criminal record and a fine of up to £5000. In Scotland the new enforcement initiative during the festive campaign means if you are caught drink driving for a second time your vehicle can be taken away from you for good.
Driving or attempting to drive whilst above the legal alcohol 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 driver's vehicle.
The amount of drink someone has taken makes no difference – whether just over the limit or well over the limit. In the eyes of the law, they are still a convicted drunk-driver and the consequences are exactly the same. And if caught driving over the limit the next morning, motorists also face the same consequences as if they had been caught the night before.
Having a criminal record can impact on peoples' lives, affecting relationships, job prospects, travel (for example to the USA), insurance premiums, hiring a car and social standing.
Authorities have the power to seize and forfeit vehicles under the Road Traffic Offenders Act 1988. There was an amendment made in 1995 which allows the forfeiture of vehicles in various offences.
All drivers caught drink-driving face losing their licence, getting a criminal record and a fine of up to £5000. This new initiative applies to drivers who already have a previous drink-driving conviction or a pending case for drink-driving.
We are announcing details of the new enforcement at the launch of the 2009 Festive drink-drive campaign on 7 December and supporting it with a new television, radio and online advertising campaign, as well as local partnership activity.
Enforcement of this legislation has been used before for individual cases. This is the first time it has been used collectively across Scotland as part of a drink-drive initiative. The Crown retains the right to seek forfeiture in other cases if there are particular facts and circumstances which would suggest that this is in the public interest.
Anyone who chooses to be foolish enough to drink and drive is in danger of having their car forfeited. There were 654 offenders during the 2008/9 ACPOS Festive Drink/Drug-Drive campaign.
When a car is forfeited it becomes the property of the Court and is likely to be sold or destroyed.
The car can only be forfeited on conviction and is likely to be held in storage pending a conviction.
Sentencing is a matter for the Court who will deal with each case on its own merits.
If an individual is over the limit then they have committed the offence. Forfeiture is not dependent on the blood-alcohol count.
The legislation applies to all motor vehicles, including cars, motorcycles etc.
For the purposes of this initiative it does not. This area will be considered in the future.
The legislation allows for a car that is used whilst committing the offence to be forfeited. Whether or not it is forfeited is a matter for the Court which will be provided with information such as ownership to enable it to make an informed decision.
No money will be ‘made' from this initiative. There will be costs involved in relation to administration, storage and the sale of any vehicle.
There will be no increase in manpower required to police this initiative as this is 24/7 business for the police anyway. Arrangements will be in place to physically seize the vehicle.
There will be no increased cost to police forces in Scotland. The initiative will be met using existing resources.
As with all convictions, individuals will be able to appeal any decision made by the High Court of Justiciary.
Any road traffic conviction can have a significant impact on your insurance.
No this is the first time this initiative has been trialled in Scotland.
ACPOS, the Scottish Government, and many other organisations (eg, RoSPA, BMA) have been supportive of reducing the legal alcohol limit for some time and will continue to push for this reduction.
If an offender gets his/her car back during this initiative, they will not be charged.
