roadtrafficlaw.com

What type of sentence might you expect for a traffic offence in Scotland

As a suspected drink driver you have a legal obligation to provide a laboratory sample when one of the four reasons set out at section 7(3) occurs. BUT before such a sample is taken the driver needs to be provided with certain information by the police:

* he has to tell the motorist the reason under terms of s.7(3) why breath specimens cannot be taken or used in this matter;
* he should tell the driver that in those circumstances he is required to give a sample of blood or urine, but that the officer will decide which. Many drivers believe that they have the choice but this is wrong, the choice is with the police officer dealing with the case.
* he must warn the driver that a failure to provide the sample required may result in prosecution;