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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 and read about the new drink driving limits in Scotland on Unlock The Law here. You can also listen to our solicitor Ross Yuill’s drink driving podcast on Unlock The Law here.
Our Solicitors at the Glasgow Law Practice deal with hundreds of drink driving cases every year. We know the relevant law, the procedures involved and the Court which you are being prosecuted. We work there everyday.
We understand how important your driving licence is and we can advise you regarding any potential defence you may have, provide advice regarding avoiding disqualification or endorsement of your licence with penalty points should special reasons apply or, minimising the period of disqualification or number of penalty points.
We also understand people are concerned about legal fees. Your job may be in jeopardy and or loss of your licence may have an impact on your earning ability. Our fixed fee package is designed to ease those concerns and deliver the best outcome possible.
Call us on or fill out our online enquiry form quoting drink driving fixed fee in the message.
This arrangement provides consultation with a fully qualified Solicitor for up to one hour, advising on all aspects of the bail undertaking procedure or citation to Court. We shall discuss the details of the alleged offence and whether or not a guilty plea is appropriate. (If a plea of not guilty is appropriate then we shall advise you regarding eligibility for Legal Aid, provide advice regarding our private fees if Legal Aid not applicable and we shall also discuss whether or not you have any form of legal insurance cover which may allow for preparation and representation of your case). If appropriate we shall advise regarding preparation required for the plea and obtain details in respect of the plea in mitigation and advise you regarding all aspects and discuss drink drivers rehabilitation course. We shall report to you and prepare for and conduct a plea in mitigation at Court including any waiting time. We shall report the Court outcome to you thereafter and advise regarding the disposal or any possible appeal.
Note
Should the case require to be continued for any reason after the plea of guilty e.g preparation of DVLA printout in the absence of your driving licence or the Court requesting a social enquiry report then an additional fee will apply. All fees require to be paid in full in advance of any Court appearance.
Find out more about your situation in a free 15-minute case evaluation. Click the button below to book a call from Glasgow’s trusted solicitors. Appointments can be by telephone, videocall or in-person appointment with a solicitor.
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We offer a fixed fee (subject to terms and conditions) in relation to road traffic prosecutions.
YOUR QUESTIONS ANSWERED
If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.
Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.
Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.
If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.
The Glasgow Law Practice, Carlton Building
63 Carlton Place , Glasgow,
G5 9TW
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1 Kilmartin Pl, Glasgow, G71 5PH
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