Drink Driving Defences

A few examples of errors that we would look for to consider whether you may have a technical defence:-

If Your Case Involves A Breath Sample:

• Your reading was at a level to require the Police to give you the option of providing an alternative sample of blood or urine and they fail to do so.
• The options of samples was not explained fairly and you were pressured into a particular course of action
• You disclose a medical condition that may effect your ability to provide a sample and the Police do not take it into consideration or refer it on to a medical professional for an opinion
• The 2 samples provided are not within an acceptable percentage variance.
• You are not asked about any potential contamination of your sample
• The Police fail to use the EBM equipment properly
• You are not given the mandatory warning about failing to provide a sample of breath.
• The Police have not followed Home Office guidance circulars
• The Police have not complied with manufacturers guidelines

If Your Case Involves A Blood Sample:

• If the Police require a sample when in fact that should have “invited” you to provide a sample this will make the sample unlawful.
• If the Police have required a sample in mistaken belief that the breath machine was not working correctly when in fact it was down to operator error, this can lead to the sample being unlawful and therefore inadmissible.
• Continuity issues relating to the handling of the sample, ensuring that the blood sample analysed belongs to the person charged.  If the police fail to maintain a proper paper trail we can raise this issue.

If Your Case Involves A Urine Sample

• The urine samples were taken outside the time limit or too close together to provide an accurate sample,
• If the Police require a sample when in fact that should have “invited” you to provide a sample this will make the sample unlawful.
• If the Police have required a sample in mistaken belief that the breath machine was not working correctly when in fact it was down to operator error, this can lead to the sample being unlawful and therefore inadmissible.
• Continuity issues relating to the handling of the sample, ensuring that the urine sample analysed belongs to the person charged.  If the police fail to maintain a proper paper trail we can raise this issue.

Insufficient Evidence

The following examples are sometimes areas where the evidence is not sufficient enough to prove all the elements of the offence of drink driving

• not being able to prove the identity of the driver
• not being able to prove that the vehicle was driven (this may allow a substitute charge of drunk in charge to be laid.  This offence does not carry a mandatory ban)
• not cautioning the alleged driver before asking questions about the alleged offence.  If the driver has not been correctly cautioned and there is no other evidence that could prove the identity or other elements of the offence, we can argue that this evidence should not be relied upon and argue there is no case to answer.

“Hip Flask”/Post driving Consumption Cases

If you have consumed alcohol after you have driven your vehicle and prior to providing a sample to the Police, the reading you give is going to exceed that which it was at the time when you actually drove the vehicle.  Our experts calculate what your reading would have been without post-driving consumption, and if it shows you would have been under the legal limit you can escape conviction and disqualification.

Private Land

The offence of drink driving can only be committed on a public highway.  Some land may be open to the public but private in the legal sense that the class of users is restricted in some way.  If proved, this will allow you to avoid a conviction and a disqualification altogether.

Duress

You would need to show that there was a compelling reason to drive.  It involves proving that you feared for your life or serious harm to you or someone else.  Depending on the circumstances, this may amount to a legal defence, thereby avoiding a conviction and disqualification.