<P> As with England and Wales, road traffic law in Scotland is in the main framed within the Road Traffic Act 1988 as amended . Prosecution and disposal of drink - drive offences is broadly similar to England and Wales with less serious cases prosecuted on complaint through the sheriff summary courts . Cases involving aggravations, life - changing or fatal injuries are prosecuted on indictment via the sheriff solemn or high court . As with most UK - wide legislation, the penalties and sentencing guidelines for drunk driving in Scotland mirror those in effect in England and Wales . </P> <P> Road laws are state or territory based, but all states and territories have set similar rules . </P> <P> Australian law allow police officers to stop any driver and perform a random breath test without reason . Roadblocks can be set up (for example, leading out of town centres on Friday and Saturday nights and after football matches or other major events), where every single driver will be breath - tested . </P> <P> This differs from UK and US laws where police generally need a reason to suspect that the driver is intoxicated before requesting a breath or sobriety test . It is an offence to refuse to provide a sample of breath when requested with severe penalties including prison . </P>

When did it become illegal to drink and drive in ireland