Our specialist solicitors have many years experience in dealing with allegations of driving whilst over the legal alcohol limit. We have a solicitor on call 24/7 who can provide immediate advice over the telephone to help ensure you make the right decisions.
The consequences of being convicted of drink driving are well known. A mandatory disqualification of between 12 months and 3 years, as well as a fine, community order, or in exceptional cases even a prison sentence.
Given how important a driving licence is to most people in the modern world, it is vital that you get the right advice before attending court.
There are defences to the allegation, some of the more obvious defences include:
- You were not driving nor attempting to drive at the time
- You did drive but it was not a ‘public place’
- You have a defence of ‘necessity’ meaning that, irrelevant of the fact that you were over the limit, it was reasonable for you to drive given the severity of the circumstances you faced. It must be proven that
- you acted to avoid a significant risk of harm
- no adequate lawful means could have been used to escape the harm; and
- the harm avoided was greater than that caused by breaking the law
- ‘Hip flask’ defence. This is a defence raised when you have consumed the alcohol after driving the vehicle. This usually occurs when you are not arrested at the time of driving and some time passes during which alcohol in consumed. We would usually require an expert to assist us with preparing a ‘back calculation’.
Our specialist solicitors will give you honest and candid advice regarding the merits of any defence.