Drink-drive law is 'too harsh': Campaigners call for two-tier penalty system

The Scottish Licensed Trade ­Association (SLTA) said anyone above the new limit of 50mg of alcohol in 100ml of blood – but below the old 80mg limit – should not face a driving ban but be given penalty points and a fine.

Chief executive Paul Waterson said treating those motorists who fall ­between the two limits – and who would be legal to drive in the rest of the UK – in the same way as more serious offenders was unfair.

He argued they do not deserve the more severe punishment of a minimum of a 12-month driving ban, a criminal record, a fine of up to £5,000, potential imprisonment and confiscation of the vehicle.

His comments came after the Crown Office released figures showing that of the 491 drink drivers prosecuted from the new limit coming into force in December until the end of February, only 42 fell into the lower band.

During the same period the year before some 739 drivers were reported for prosecution for drink-driving.

Mr Waterson said the current legislation was unfair to drivers who ­behaved responsibly and were in ­control of their alcohol consumption.

The previous limit was also measured as 35 microgrammes of alcohol in 100ml of breath, which has now fallen to 22mics.

He added “The Scottish Government have jurisdiction over the limit north of the Border but do not have ­jurisdiction over the penalty which is a Westminster matter.

"We find it surprising and excessive that someone with a small and residual amount of alcohol in their breath of between 23 and 35mics can be given a 20-year criminal record which can ruin their lives.

“We think the punishment should fit the crime and that there should be a lower penalty for breaching the new, lower limit if there are no other implications.

“Those with between 23 and 35mics should be given penalty points, and if that leads to them being banned because they have penalty points on their licence for other matters fair enough.”

The new limit, which was introduced on December 6, has hit the licensed industry hard. 

Dozens of pubs have restricted their opening times or had to shut outright because of a huge drop in takings.

Some golf clubs said their income was 70 per cent down because sportsmen no longer enjoyed an after-game drink for fear of being caught drink driving.

But the Scottish Government stands by its alcohol policy, saying scientific evidence proved that even a small amount of alcohol in drivers’ blood increased the accident risk.

A spokesman said the automatic 12-month ban was the appropriate deterrent.

He added: “Ministers have been clear that the aim of the reduced drink-drive limit is to deter drivers from drinking and driving, not to result in more convictions for drink-driving.

“We are determined to end the ­tragedy of deaths caused by drink-driving and if this new law saves one life, then it will be a success.”

Around one in 10 deaths on Scottish roads are drink-drive related, with ­fatalities costing the country an estimated £45million a year.