Do You Have A Credible Drink Driving Defence?

Being charged with drink driving is incredibly frightening for most people. In our experience, those who do go to court on drink driving charges would never dream of deliberately breaking the law and honestly believed that when they got into their car, they were safe to drive.

Unfortunately, thinking that you were fit to drive is not a defence. However, there are plenty of credible defences available that may apply to your situation. An experienced Drink Driving Solicitor will carefully consider your story and advise you as to whether a defence applies.

Drunk driving is a serious crime, and the penalties for conviction can encompass fines, automatic disqualification, and, in severe or repeated cases, even imprisonment. Consequently, if you find yourself facing a drunk driving charge, it is imperative to engage the services of an astute, specialist Motoring Offences Solicitor who has the expertise and experience to recognise and build a credible defence.

What are the drink driving laws in England?

The Road Traffic Act 1988 stipulates that it is an offence to operate a “mechanically propelled vehicle” on any public road or area while exceeding the specified alcohol limits. In England, Wales, and Northern Ireland, these limits are as follows:

• 35 micrograms of alcohol per 100 millilitres of breath.
• 80 milligrams of alcohol per 100 millilitres of blood.
• 107 milligrams of alcohol per 100 millilitres of urine.

Furthermore, being in control of a motor vehicle on a public road or place while surpassing the prescribed limit is also an offence.

If charged with drunk driving, you will most likely appear before the Magistrates’ Court, where the Prosecution must prove, beyond a reasonable doubt, that you were over the specified limit and were either driving or in control of a motor vehicle in a public area.

What are the potential defences against drunk driving charges?

Contrary to common belief, there are indeed defences available for individuals facing drunk driving accusations. Depending on the specific circumstances of your case, a legal professional specialising in drunk driving cases can argue the following defences:

Drink spiking

To succeed with this defence, you must prove that before consuming the spiked drink, you were below the legal alcohol limit, were unaware that your drink had been spiked, and had no reason to believe you were exceeding the drunk driving limit. Your Solicitor is likely to rely on expert evidence to substantiate this defence.

Post-offence consumption or the ‘hip-flask defence’

In scenarios where you are involved in a vehicular accident, and there is a delay before the police arrive, someone offers you alcohol to calm your nerves, leading to your alcohol levels exceeding the legal limit. Your legal representative will rely on witness statements and possibly expert evidence to establish post-offence alcohol consumption.

Private land

If you can demonstrate that you were driving on private property, you cannot be convicted of drunk driving, as this defence solely pertains to driving or being in charge of a vehicle on public land.

Procedural error

Police officers must adhere to a strict procedure when obtaining breath, blood, or urine samples. Your Drink Driving Solicitor will scrutinise the police procedures and investigate any potential flaws, such as failure to provide the mandatory warning about the offence for not providing a sample, incorrect completion of paperwork following a breathalyser test, or not furnishing you with a sample of your blood test for independent verification.

Necessity or duress of circumstances

This defence applies in exceptionally limited circumstances, such as when you are threatened with serious harm unless you drive, even when above the legal alcohol limit.

Unreliable breathalyser or blood test

The equipment or laboratory employed by law enforcement for breath or blood sample analysis must be approved by the Home Office. Nonetheless, issues can arise. Your Drink Driving Solicitor will verify that the equipment used to analyse your breath and/or blood was Home Office-approved and that quality control procedures were followed by any third parties responsible for examining your blood sample.

Wrapping up

If you find yourself facing a drunk driving charge, you need not confront the situation unaided. Having an experienced Motoring Offences Solicitor at your side ensures that your best interests are safeguarded. It also heightens the likelihood of having the charges against you dismissed prior to the court date or achieving an acquittal in a drunk driving case.

If you require legal advice and representation after being charged with drink driving, please call our office today on 02476 231000 or email enquiries@askewslegal.co

Please note that this article is for information purposes only and does not constitute legal advice.