Drink Driving Defences

 

Do you have a defence to Drink Driving?

Sometimes the police mess up the procedure which means you may have a defence and can avoid a ban altogether.

This is not a complete list of drink driving defences but will give you a guide to the common mistakes made by the police.

An experienced lawyer will often be able to tell from the feel of the case that something just isn’t right. Sometimes however it is obvious that there has been a mistake. Our unique 57 step checklist will ensure that we find any defence. These are some of the more common drink driving defences.

  • Did you get a print out given to you? This is the printout from the breathaliser machine. If the police didn’t give you one then you may have a defence although it is fairly easy for the police to correct this.

 

  • Urine samples, were there 2 separate samples? This is a common area that the police mess up on. It is not enough if they took one sample from you and put it into 2 containers, if it is one continuous urination with a short break to swap beakers you have a defence.

 

  • There should be 2 readings on the print out, are they more than 15% apart?

 

  • The printout should look like this. The zeros should be zero, the first and last non zero should be around 35 (between 32 and 37.9)

 

  • Did they take blood? Was it a medical practitioner that took the blood? Did they offer you your sample?

 

  • Was your reading between 40-50? Were you persuaded not to opt for a blood or urine replacement?

For other procedural errors check our Wrong procedure page

I wasn’t driving

Can the prosecution prove you drove, were you arrested at home? What evidence is there that you drove?…more

 

There was a fault in the machine

Machines make mistakes, did the reading seem too high for the amount of alcohol you drank? more

 

I drank after I drove

Did you drink after you drove? The Court will look at evidence to show that at the time of driving you were under the limit…more

 

Medical grounds to refuse a specimen

If you were unable to provide a sample it will be a defence to show you had reasonable grounds for not providing….more

 

For advice or representation, 24/7 call 01623 600645