Need assistance with defending a drink driving charge?

If you’ve been charged with a drink driving offence get in touch with us today.

Our driving offence solicitor can then advise you on what your drink driving charge could mean to you and discuss what options might be available to you legally.

If you want to fight against prosecution for an alleged drink driving offence, you must be able to mount a strong defence. Our lawyers will help you to consider your options. Here are some of the most common defence strategies for alleged excess alcohol offences.

“Hipflask” Defence

A driver may be able to prove that they only consumed excess alcohol after leaving the vehicle. This argument is known as the “hipflask” defence, and is usually only viable when a driver is breathalysed away from their vehicle. It may be possible to retroactively calculate an alcohol reading to show how much alcohol had been consumed when the driver was behind the wheel. The expert testimony which sits behind “hipflask” defences can help alleged offenders to escape a lengthy ban.

Private Land

If a driver is stopped whilst driving on private land, they are not subject to the rules of the public highway. It is not normally possible to convict a driver of an excess alcohol offence if they are not caught driving on public land. Therefore, if a driver is stopped whilst driving a vehicle in a car park, this may mean that the driver cannot be prosecuted for a drink driving offence.

Duress of Circumstances

A driver may be able to prove that they believed that they needed to drive to protect their life or the life of another person. Once “duress of circumstance” is raised by the Defence team, the Prosecutor then has a burden of proof to disprove this defence beyond reasonable doubt.

Technical Defences

To mount a successful prosecution, the Prosecution team must be able to show that all procedures were complied with from start to finish. All breath, blood and urine samples must be taken in compliance with correct testing procedures and samples may be inadmissible if incorrect procedure has been followed.

Alleged offenders must be informed of their rights before the testing procedure begins. They should also be advised about the consequences of failing to comply. Any blood samples that are taken must be taken by a qualified healthcare professional and sent to an approved laboratory for testing. Failing to adhere to the correct legal procedure can lead to the case being acquitted.

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