Prosecutions under s.5(1)(a) and (b) of the Road Traffic Act 1988 are complicated and it would be impossible to detail all the possible angles and defences that may require to be investigated. This article will attempt to highlight some of the more common issues that should be addressed if you are facing a charge of drink driving in Scotland.

Under s.5(1)(a) 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 breath, blood or urine exceeds the prescribed limit. The “prescribed limit” is defined by s.11(2) as 35ug of alcohol in 100ml of breath, 80mg of alcohol in 100ml of blood or 107mg of alcohol in 100ml of urine.

The first issue I would like to point out is that the Crown will not initiate proceedings on the basis of breath-alcohol readings of less than 40ug.