Accused of drink-driving but want to fight this all the way

Iwas pulled over on New Year’s Day and accused of drink-driving. I was even arrested and taken to a police station! The police said I was over the limit in a breath sample and I have been given a court date. I had been drinking the day before but I felt fine to drive and certainly hadn’t been drinking that morning. I want to fight this all the way. What can I do?

The current breath limit for alcohol is prescribed by law at 35 microgrammes of alcohol per 100 milliliters of breath. If you have alcohol in excess of this limit then you will be guilty of an offence.

The seriousness of the offence will usually be determined by the level of alcohol in your breath combined with the effect on any driving, for example driving which causes injury or accident is likely to attract a more severe punishment.

Not to provide a sample of breath on request usually amounts to a separate criminal offence with similar penalties for a drink-drive offence itself, so refusing to co-operate is unlikely to assist when you are being accused of drink driving.

The testing procedure is tightly controlled and must be carried out correctly. If you believe the police have not done so then you may be able to challenge the result in court.

If the correct procedure has been followed, and your sample is over the limit, then I am afraid you are most likely guilty of the offence even if you hadn’t been drinking immediately prior to driving.

If you plead guilty at court the severity of the punishment is determined by the level of alcohol in your breath and any other aggravating features, ranging from a fine to a prison sentence.

The court must by law impose a disqualification from driving of at least 12 months (and up to 60 months in the most serious cases involving a second offence within 10 years).

It is possible to complete a course to reduce the disqualification but you must persuade the court that they should offer you this option. If you plead not guilty your case will be listed for a trial, but based on the information you have provided it is difficult to see that any defence is available to you.

Legal aid is available for more serious drink-drive cases if you do not have the necessary means to pay for representation yourself.

“The testing procedure is tightly controlled and must be carried out correctly. If you believe the police have not done so then you may be able to challenge the result in court.”