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58 breath test


New member

I was stopped for speeding last Saturday morning at 10.30am. 40mph in a 30.

I had been drinking the night before & was breathalysed at 58mg.

I had my 12 year old son in the car as I was taking him to football training.

The police drove my car home with my son in it & took me to police station to be charged. I was there for about 45 mins & they took me home again.

I have never been in anykind of trouble with the police before - not even a speeding ticket.

What is likely to happen to me?



Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Gordon

Thank you for your posting.

Assuming your case has followed the standard procedure, you will have been released from police custody on an undertaking to appear at a particular Court. You will therefore need to consider how you wish to plead to the charge as you will be called upon to answer the charge.

Whether you elect to plead guilty or not guilty is down to you. In general terms, drink driving cases in breath are relatively simple for the Crown to prove in the absence of any positive line of defence. The tenor of your email seems to suggest that you may be considering a plea of guilty. You accept the consumption of alcohol the night before and do not appear to be objecting the reading produced by the intoximeter.

The minimum penalty for this charge is a disqualification of 12 months. There is provision to reduce this further if the Court refers you to the rehabilitation scheme which can serve to reduce the ban imposed by up to 25%. Your reading is approx. 3 times the prescribed limit however, with an early plea of guilty, the Court is obliged to take into account the stage of your plea. If the Court applies a proper discount and agrees to refer you to the rehabilitation scheme, then you could secure a net disqualification of around the statutory minimum of 12 months.

It is open for you to plead not guilty and you may wish to seek further advice if you are looking to defend the case.

I trust this is of assistance and please do not hesitate to contact me should you require any further advice in relation to your case.