Drink driving is a complex
and serious area of law therefore we offerin relation to such cases. Accused of
being a Drink/driver then ask us about
your own case
People can and do, go to prison for committing this offence therefore we
strongly urge you to seek legal representation as soon as possible.
The procedure normally starts with the police pulling your car over for
a check or after you have been involved in a road traffic accident. You
can pretty well always exact to be breathalysed if you have been in any
road traffic accident around Christmas time.
You will first be tested with the handheld intoximeter device. Although
the reading from this machine will not be used in evidence if you fail
then the next stop will be the police office. you will be brought before
the police station duty officer and the officer will be informed that
you are suspected of drink driving and the EC/IR Intoximeter device will
require to be used. You will then be taken to the "Intoximeter" room
where the breath analysis will be taken. You will be shown the machine
and asked to blow into the device. (It surprises most people that you
require to blow for several seconds and blowing consistently can seem
If you fail then you will be given a copy of the print out. It looks
like a till receipt. you should keep this. You may then be kept in
custody until the duty officer deems you fit to drive. Normally the next
day before you are released from the police station and often a further
intoximeter test is done before you leave the office.
The police will give you a "Pink form" called a "Bail Undertaking" this
provides a date and time for you to attend at your local court where
your case will call for the first time.
When you attend court a duty solicitor will be present and he/she should
have a few minutes with you prior to your court appearance. We would
strongly advise you to seek out the services of a solicitor BEFORE you
attend court. Needless to say we suggest you contact us or another firm
of specialist road traffic lawyers.
A duty solicitor will be at court however he/she is there for people who
cannot afford a solicitor and will require Legal Aid. You will most
likely discover that you do not qualify for Legal Aid.
In busy courts such as Glasgow there can easily be up to 150 people
appearing in the same court on that day and the duty solicitor will have
approx. 1 hour to see the majority of them. it is therefore very
important that you consider contacting a road traffic lawyer as soon as
When your case is called you will go forward to the "dock" and the clerk
of court will ask you to confirm your name and address. If you have a
lawyer he/she will tender the plea at this stage. If a guilty plea is
tendered you can expect to be disqualified for at least 1 year and if
you have been been convicted of a similar offence in the past 10 years
then expect to be disqualified for 3 years minimum.
If you plead Not Guilty the court will set dates for a Trial and an
Intermediate Diet (Formal court appearance to check case is prepared)
You must then return to court on both of these dates.
Your solicitor will then obtain a list of witnesses from the Procurator
fiscal and start to prepare your defence. you should contact your
solicitor at least two weeks prior to the Intermediate diet to go over
the case preparations and discuss your case again. If your case involves
a report from an expert such as a forensic toxicologist then you may
incur added expense and should liase with your solicitor regarding same
from the outset of your case to ensure that he/she is provided with all
the information that is required.