Drink Driving Improper Prodecure Solicitors

Drink Driving Improper Procedure

Improper Procedure

Strict procedural guidelines must be adhered to by the authorities in all drink driving and driving with excess alcohol cases by law by virtue of The Road Traffic Act 1988 and The Road Traffic Offenders Act 1988. If our drink driving solicitors see that these rules have NOT been followed then it is possible that your driving with excess alcohol case may be acquitted.


Steps the the police must take are:


Step 1: A drink driving warning

You must be warned that failure or refusal to provide a sample (usually via breathalyser) will render you liable to prosecution - s.7(7) of the Road Traffic Offenders Act 1988;

Step 2: Reasons for blood/urine sample

You must be told that a reason for the request for an alcohol blood or urine sample is that the breathalyser machine is not available or not working - s.7(3)(b) of the Road Traffic Offenders Act 1988;

Step 3: 50 milligram reading

You must be informed that you are entitled to a blood or urine test if the breathalyer reading is under the 50 milligrams

Step 4: Medical Objections

You must also be asked whether you have any medical objections to a sample of blood being provided and that the police do not further investigate this matter as this may result in aquittal from your drink driving offence.


What should you know


You must understand that motoring prosecutions can be very complicated, especially drink driving related offences. What we have given you here is a brief insight into circumstances that can change the outcome of a driving with excess alcohol case, but we cannot stress enough that getting the very best advice and representation is vital to ensuring the best possible outcome in any drink driving case.

To better understand your case we offer FREE initial advice where we can establish your situation and the circumstances relating to the intended drink driving prosecution. Call us FREE on 0800 32 888 46 today.

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