If you have been stopped by the police on suspicion of drink driving, you are required to complete a roadside breathalyzer test under the Road Traffic Act 1988. Being found to be over the prescribed limit of alcohol, or refusing to take the test, means you will be arrested.
After being arrested, you will then be required to provide a sample of breath via the Evidential Breath Machine. This will be conducted at the police station and will give a detailed breakdown of whether you’re over the limit and by how much.
If the machine isn’t working, you may be asked to provide a urine or blood sample. Failing to provide a sample without good reason is an offense that can carry a custodial sentence of a maximum of six months and mandatory disqualification from driving.
If you have been arrested on driving charges, you must contact driving offence lawyers. They can advise you on your best course of action and ensure you receive a fair outcome from the process.
What Can I Expect If I’m Facing A Drink Driving Charge?
Drink driving motoring offenses carry a range of different penalties including a custodial sentence of up to six months, points on license, and a significant fine. In most cases, you will also face a mandatory disqualification from driving for at least one year.
Driving charges that lead to a disqualification can have a massive impact on your life. If you rely on driving in their job role, you could lose income as a result of a driving ban.
The entire process of facing court for a driving offence is stressful. Having a driving offence lawyer by your side to guide you ensures you will receive a fair decision from the Court. From the initial arrest, police interview, and your appearance in court, driving offence lawyers offer advice at every stage of the law process.
What Is The Legal Defence When Facing Driving Charges?
If you are caught drink driving, there are legal defenses. These include if you were driving on private property, procedural or technical reasons, or whether you were driving under duress, which is known as the ‘hip flask’ defense.
Extenuating circumstances could mean you avoid a driving disqualification even when found guilty of drink driving charges. These are known as special reasons and are not considered a defense, but are connected to the offense.
Special reasons are factors the Court takes into consideration before imposing a sentence. For example, if your drink was spiked, this is a factor the Court will consider before sentencing.