Drink Driving Solicitors

 

Drink Driving Solicitors – Defence and Representation

If you are facing an allegation of drink driving a member of our specialist driving offence team can assist you to ensure you get the best possible result.

Dodds has been an established Law firm based in Leicestershire for over 35 years and our team has a wealth of experience in such cases. We understand the impact that a disqualification can have upon you and your family.

In 2024 the Department for Transport data revealed the highest number of deaths due to drink driving since 2009, which is why the courts take a strict approach with regards to people accused of drink driving.

The courts will punish you by disqualifying you from driving, as well as imposing a fine, a community penalty or, in some cases, even a prison sentence.

We can advise you with regards to any potential defences such as post driving consumption and duress or special reasons such as a genuine emergency, spiked drinks or shortness of distance driven, which could stop you being disqualified from driving.

Please give our friendly, experienced drink driving solicitors team a call on 01162628596.

How to Defend Against a Drink Driving Charge

Facing a drink driving charge can be a stressful and overwhelming experience. However, there are legal defenses and mitigating circumstances that may help you challenge the charge or reduce the severity of the penalties. Understanding your rights, the legal process, and possible defense strategies can make a significant difference in the outcome of your case.

Legal Defenses for Drink Driving Charges

There are several ways to challenge a drink driving charge, depending on the circumstances of your case. Some of the most common defenses include:

1. Procedural Errors by Police

Police officers must follow strict procedures when conducting a breath, blood, or urine test. If any mistakes are made, this could make the evidence inadmissible in court. Common procedural errors include:

• Failing to follow proper arrest protocol (such as not informing you of your rights)

• Conducting an unlawful stop without reasonable cause

• Improper handling or storage of blood or urine samples

• Inaccurate administration of the breathalyzer test

If your solicitor can demonstrate that procedural errors occurred, your case could be dismissed or weakened significantly.

2. The Hip Flask Defense (Post-Driving Consumption)

In some cases, a driver may have consumed alcohol after driving but before being tested by the police. This is commonly referred to as the ‘hip flask defense.’ If you can provide credible evidence (such as witness statements or receipts) proving that you drank alcohol only after you finished driving, it could cast doubt on the reliability of the breath or blood test results.

3. Faulty or Uncalibrated Breathalyzer Equipment

Breathalyzer devices must be regularly maintained and properly calibrated to produce accurate readings. If the device used to test you was faulty, improperly maintained, or not used correctly, the results may be unreliable. Your solicitor can request maintenance records to determine whether the equipment was functioning correctly at the time of your test.

4. Medical Conditions Affecting Breath Test Results

Certain medical conditions can cause inaccurate breathalyzer readings. Conditions such as diabetes, acid reflux, and other metabolic disorders can produce substances in the body that interfere with breath test accuracy. If you have a medical condition that could have influenced the test result, a medical expert’s testimony may help challenge the prosecution’s case.

5. Rising Blood Alcohol Levels

Alcohol takes time to absorb into the bloodstream. If you were tested shortly after drinking but before the alcohol was fully absorbed into your system, your blood alcohol concentration (BAC) might have been below the legal limit while driving but increased by the time you were tested. This argument is particularly relevant if there was a significant delay between the time of driving and the breath or blood test.

Mitigating Factors That Can Reduce Your Sentence

Even if there is strong evidence against you, there are certain factors that may help reduce your sentence, including:

• Lack of Prior Offenses: If this is your first drink driving charge, the court may be more lenient.

• Cooperation with Authorities: Demonstrating remorse and full cooperation with law enforcement can be beneficial.

• Personal Circumstances: If losing your license would cause extreme hardship, such as job loss or affecting dependents, the court may consider alternative penalties.

• Completion of a Rehabilitation Course: Some courts may reduce the disqualification period if you voluntarily attend a drink driving awareness course.

Possible Penalties for Drink Driving in the UK

The penalties for a drink driving conviction vary depending on the severity of the offense and whether you have prior convictions. Typical penalties include:

• A driving ban ranging from 12 months to several years

• Hefty fines based on income

• Community service or rehabilitation programs

• Up to six months in prison for severe cases

In addition to legal penalties, a drink driving conviction can have long-term consequences, including increased insurance costs, difficulty finding employment, and travel restrictions to certain countries.

What to Do If You’re Charged with Drink Driving

If you’ve been charged with drink driving, it’s crucial to take the following steps:

1. Seek Legal Representation: A solicitor with experience in drink driving cases can assess the evidence and advise you on the best defense strategy.

2. Gather Evidence: Any receipts, CCTV footage, or witness statements that support your case should be documented.

3. Do Not Admit Fault Prematurely: Avoid making statements that could be used against you in court.

4. Consider Taking a Drink Driving Course: Voluntarily enrolling in an educational program can demonstrate responsibility and may reduce penalties.

Final Thoughts

Drink driving charges are serious, but they are not always straightforward. Legal defenses and mitigating factors can influence the outcome of your case, potentially leading to reduced penalties or even dismissal of the charges. Seeking expert legal advice is the best course of action to ensure your rights are protected and to achieve the best possible outcome in your case.

If you need expert legal guidance, contact our team of experienced drink driving solicitors today.