Drink driving
Drink driving means driving, attempting to drive or being in charge of a motor vehicle with alcohol above the legal limit. Scotland's limits are lower than England's: 22 microgrammes per 100ml of breath, 50mg per 100ml of blood or 67mg per 100ml of urine. A conviction for driving means a ban of at least 12 months.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Driving with excess alcohol, Drunk driving, Being in charge of a vehicle over the limit |
|---|---|
| The law | Road Traffic Act 1988, section 5 |
| Where it is tried | a summary-only offence, prosecuted under summary procedure, usually in the sheriff court. It cannot be tried before a jury. |
| Maximum penalty | Driving or attempting to drive: up to 6 months' imprisonment and/or a fine of up to £5,000, with obligatory disqualification of at least 12 months (at least 3 years for a second drink or drug driving conviction within 10 years). Being in charge: up to 3 months' imprisonment and/or a fine of up to £2,500, with 10 penalty points or discretionary disqualification. In Scotland the court can also order forfeiture of the vehicle (Road Traffic Offenders Act 1988, section 33A). |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The accused drove or attempted to drive a motor vehicle, or was in charge of one.
- This was on a road or other public place.
- The proportion of alcohol in their breath, blood or urine was above the Scottish prescribed limit, shown by an evidential specimen.
- The specimen was required, taken and analysed following the correct statutory procedure.
Defences and common issues
- Procedural challenge: the breath, blood or urine specimen was not properly required, taken or analysed.
- The accused was not driving or attempting to drive, or was not on a road or other public place.
- For being in charge: there was no likelihood of the accused driving while over the limit (section 5(2)).
- Drinking after driving: proof that alcohol was drunk after driving and that the accused would otherwise have been under the limit.
- Special reasons, such as a spiked drink the accused did not know about, may allow the court not to disqualify, even though the offence is committed.
Frequently asked questions
What is the drink drive limit in Scotland?
In Scotland the 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 and are lower than those in England and Wales. There is no reliable way to know how much you can drink and stay under the limit, because it depends on body weight, food, the drink and time. Alcohol from the night before can still put you over the limit the next morning.
Is it an offence to refuse a breath test in Scotland?
Yes. Failing without reasonable excuse to take a roadside preliminary breath test is an offence, and police can arrest you. Failing without reasonable excuse to provide an evidential specimen of breath, blood or urine at the police station under section 7 of the Road Traffic Act 1988 is a more serious offence. Where you were driving or attempting to drive, it carries up to 6 months' imprisonment, a fine of up to £5,000 and a minimum 12-month ban, the same as drink driving itself.
Can the police take my car if I am caught drink driving in Scotland?
They can seek to. Under section 33A of the Road Traffic Offenders Act 1988, which applies only in Scotland, the Procurator Fiscal can ask the court to order forfeiture of the vehicle when a person is sentenced for a drink or drug driving offence punishable with imprisonment, or for failing to provide a specimen. If forfeiture is ordered, the vehicle is disposed of as the court directs. Forfeiture is a matter for the court in each case, so a solicitor can advise whether it is likely to be sought.
Can I be charged with drink driving if I was just sitting in my car?
Yes, you can be charged with being in charge of a motor vehicle while over the limit, even if you were not driving. Having the keys and being in or near the vehicle can be enough. It is a defence to prove that there was no likelihood of you driving while you remained over the limit, for example because you intended to sleep until sober. The penalty is lower than for driving: up to 3 months' imprisonment, a fine of up to £2,500 and 10 penalty points or a discretionary ban.
How long will I be banned for drink driving in Scotland?
A conviction for driving or attempting to drive over the limit brings an obligatory ban of at least 12 months, or at least 3 years if you have another drink or drug driving conviction within the previous 10 years. The court can impose a longer ban. Where the ban is 12 months or more, the court can offer a drink drive rehabilitation course, which reduces the ban by up to a quarter if completed. Special reasons, such as an unknowingly spiked drink, can sometimes avoid a ban, and a solicitor can advise on this.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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