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I have recently been caught driving whilst over the drink driving limit. I am due in court in Perth on the 10th November. At the Police station I blew a 38 on the breathalyser which the limit is 22. This is my first offence in regard to DUI and I have one prior as I was caught with £20 worth of marajuana over a year ago. I'm not a criminal and I am in full time employment. Will any of this count against me in court? What sort of action is the judge likely to take against me?
Also, having read your police procedures, I noticed that I was not asked if I wanted a blood test at the time nor was I asked if I had anything to eat, thrown up, had a mint etc within the last 20 minutes of the breath test. Will this help me at all.

Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Mr Kirby,

I refer to your recent post.

Unfortunately, as well as reducing the limit, the right of a driver to have their specimen of breath replaced by blood or urine has been removed (as at April 2015 under the Deregulation Act 2015).

Whilst other procedures may be questionable there was no requirement for the police to offer an alternative specimen.

Should you wish to discuss your case in greater detail, please contact us directly on 0141 550 1074.