Criminal law treats driving under the influence of drink or drugs very seriously and the police have wide powers to take samples from drivers in order to prove that an offence has been committed.
Unfortunately, reductions in drink-driving limits have meant that it’s easier than ever to be over the legal limit and charged with this offence. If convicted, the penalties for driving under the influence include mandatory disqualification from driving for a minimum of 12 months.
McGovern Reid are specialists in defending individuals who have been charged with either drink driving, refusing to provide a breath specimen or being unfit to drive through drink or drugs.
Drink Driving Defence Lawyers Wishaw, Hamilton, Motherwell, Lanarkshire and Airdrie
The offence of drink driving is found in section 5 of the Road Traffic Act 1988. It is committed when someone drives, attempts to drive or is in charge of a vehicle when the proportion of alcohol in their breath, blood or urine exceeds the prescribed limit. The offence of drug driving in Scotland is found in section 4 of the 1988 Act and committed when someone drives or attempts to drive when they are unfit to do so through drugs. The amount you are over the limit, whether just over or well over, is irrelevant. It is enough that you are over, which has consequences for those who drive the day after a night of consuming drink or drugs.
It’s also important to bear in mind that the police have extensive powers when it comes to taking a sample from drivers, and a refusal to comply with a request can amount to a separate offence of failing to provide a sample without reasonable excuse. This is covered by section 7(6) of the Road Traffic Act 1988. It is therefore vital to get advice from specialist drug and drink driving defence solicitors. At McGovern Reid, we thoroughly scrutinise all evidence and stay alert to all potential procedural errors that may mean our clients have been treated unfairly.
McGovern Reid Drink/Drug Driving Defence Lawyers
If you have been charged with drink driving, refusing to provide a sample or being unfit to drive through drink or drugs, contact us today to make sure that we provide you with the best defence. Call us on 01698 359 550 to arrange an appointment at either our Wishaw or Hamilton office.
Call us today - 01698 359 550