Motoring Offences in Scotland: 12 questions answered
Most driving offences in Scotland come from UK-wide road traffic law, but Scotland has a lower drink-drive limit, its own courts and prosecutors, conditional offers of fixed penalty and no police speed awareness courses. Penalty points, totting-up bans and new driver rules work across Great Britain.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What is the drink-drive limit in Scotland?
Scotland's drink-drive limit is 22 microgrammes of alcohol in 100 millilitres of breath, 50 milligrammes in 100 millilitres of blood, or 67 milligrammes in 100 millilitres of urine. These limits have applied since 5 December 2014 under the Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014. They are lower than the limits in the rest of the UK, so an amount of alcohol that is legal elsewhere could put you over the limit in Scotland. There is no reliable safe amount to drink before driving, and alcohol can still be in your system the next morning.
What is the penalty for drink driving in Scotland?
Driving or attempting to drive over the limit, under section 5 of the Road Traffic Act 1988, carries up to six months' imprisonment and a fine of up to £5,000 in Scotland, plus a minimum 12-month driving ban. The minimum ban rises to three years if you have another drink or drug-driving conviction within 10 years. Being in charge of a vehicle while over the limit carries a lower penalty and a possible ban. Failing to provide a breath, blood or urine specimen without a reasonable excuse is treated as seriously as drink driving. The court can also order the vehicle to be forfeited.
Can my car be taken away for drink driving in Scotland?
Yes. Under section 33A of the Road Traffic Offenders Act 1988, which applies only in Scotland, a court can order a vehicle to be forfeited when someone is convicted of a road traffic offence punishable by imprisonment and committed while driving or in charge of it, including drink or drug driving and failing to provide a specimen. The procurator fiscal applies for forfeiture when asking the court to sentence, and the court can grant a warrant to seize the vehicle before the case ends. Forfeited vehicles are disposed of as the court directs. If the vehicle belongs to someone else, they should get legal advice quickly.
What are the drug-driving limits in Scotland?
Since 21 October 2019, it has been an offence in Scotland to drive with certain drugs in your blood above specified limits, under section 5A of the Road Traffic Act 1988 and the Drug Driving (Specified Limits) (Scotland) Regulations 2019. The limits are very low for illegal drugs such as cannabis and cocaine, and higher for some prescription medicines such as diazepam and morphine. There is a defence if you took a prescribed or supplied medicine in line with the instructions. Driving while unfit through drugs is a separate offence. Both offences carry a minimum 12-month driving ban.
How do penalty points and totting-up work?
Most driving offences carry penalty points, which are added to your driving record. Under section 35 of the Road Traffic Offenders Act 1988, if you reach 12 or more points within three years, the court must disqualify you for at least six months, known as a totting-up ban. The minimum is one year if you have had a ban of 56 days or more in the previous three years, and two years if you have had two or more. Points stay on your driving record for four years, or 11 years for drink and drug-driving offences. The same rules apply throughout Great Britain.
What happens if I get six points as a new driver?
If you get six or more penalty points within two years of passing your first driving test, your licence will be revoked under the Road Traffic (New Drivers) Act 1995. Valid points you received before passing your test also count. Revocation is carried out by the DVLA, not the court, and it is automatic. You then have to apply for a provisional licence and pass both the theory and practical tests again before you can drive unsupervised. A single mobile phone offence or insurance offence, each carrying six points, is enough to lose your licence.
What is a conditional offer of fixed penalty?
A conditional offer of fixed penalty is the Scottish term for an offer, often sent by post after a speed or red-light camera detection, that lets you avoid prosecution by paying a fixed penalty and, for endorsable offences, accepting penalty points. Police can also issue fixed penalty notices at the roadside. You normally have 28 days to accept. For speeding, the usual penalty is £100 and three points. If you do not accept, the case can be reported to the procurator fiscal, who may offer a fiscal fixed penalty or prosecute you in court, where the penalty could be higher.
Can I do a speed awareness course in Scotland?
No. Police Scotland confirmed in February 2026 that speed awareness courses are not offered in Scotland, so speeding is dealt with by a fixed penalty or by reporting the case to the procurator fiscal. The Lord Advocate agreed to road traffic diversionary courses in principle in 2019, but they have not been introduced as an option offered directly by the police. In some cases, the Crown Office and Procurator Fiscal Service may offer a driver improvement course as an alternative to prosecution. You cannot insist on a course, and it is for the prosecutor to decide.
Do I have to tell the police who was driving my car?
Yes. Under section 172 of the Road Traffic Act 1988, the registered keeper must give the police information about who was driving when an offence is alleged, usually within 28 days of receiving the notice. Failing to do so without a reasonable excuse is an offence carrying six penalty points and a fine of up to £1,000. This is one of the few situations where the law requires you to answer a police question, and the courts have held it compatible with the right not to incriminate yourself. It is a defence if you did not know, and could not reasonably find out, who was driving.
What is the difference between careless and dangerous driving?
Careless driving means driving below the standard of a competent and careful driver, such as tailgating or pulling out without looking properly. It carries three to nine penalty points or a ban and a fine of up to £5,000, and less serious cases can sometimes be dealt with by a fixed penalty. Dangerous driving means driving far below that standard, where the danger would be obvious to a competent driver, such as racing or reckless overtaking. It carries up to two years' imprisonment, a compulsory ban of at least 12 months and an extended retest. Causing death by dangerous driving carries up to life imprisonment.
What are the penalties for using a phone or driving without insurance?
Using a hand-held mobile phone or similar device while driving carries six penalty points and a £200 fixed penalty, or a fine of up to £1,000 if it goes to court. This covers calls, texts, taking photos and scrolling, including while stopped at traffic lights. Driving without insurance, under section 143 of the Road Traffic Act 1988, carries six to eight points or a ban, and a £300 fixed penalty or a fine of up to £5,000 in court. Police can also seize an uninsured vehicle. Either offence is enough on its own to revoke a new driver's licence.
Can I avoid a totting-up ban by showing exceptional hardship?
Sometimes. If you face a totting-up ban for reaching 12 points, you can ask the court not to disqualify you, or to impose a shorter ban, because a ban would cause exceptional hardship. You must give evidence, usually on oath, and the hardship must go beyond the normal inconvenience of losing your licence, such as serious effects on family members, employees or someone you care for. You cannot rely on the same circumstances again within three years. This does not apply to the fixed minimum ban for drink driving, where only special reasons connected to the offence itself can avoid a ban.
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Penalty points and driving ban calculator →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014
- Drug Driving (Specified Limits) (Scotland) Regulations 2019
- Road Traffic Offenders Act 1988, section 33A (forfeiture of vehicles: Scotland)
- Police Scotland FOI 26-0265: Speed awareness course as alternative to FPN
- Transport Scotland: Road safety framework progress report, road safety deliverables
- Scottish Sentencing Council: Statutory offences of causing death by driving guideline
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