Drink Driving

A section 5(1)(a) offence of drink driving is a step up from section 5(1)(b) drunk in charge, involving the physical act of driving a vehicle whilst under the influence rather than merely being ‘in charge’ of a vehicle, and accordingly carries elevated penalties.  The Road Traffic Act states it is an offence if a person drives or attempts to drive a motor vehicle on a road or other public place after consuming so much alcohol  that the proportion of it in his/her breath, blood or urine exceeds the prescribed limit.  If convicted the offence carries a minimum period of 12 months disqualification or 36 months if the driver has a previous conviction within the last 10 years. The court has the discretion to impose large fines and in the most serious cases a custodial sentence.

For more information please check out our article: Bail Undertakings and Drink Driving Cases in Glasgow Sheriff and District Courts

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