For any driver, seeing an evidential breathalyser machine produce a reading over the prescribed legal limit can feel like the final, unchallengeable verdict. There is a widespread and dangerous misconception that if the machine says you are over the limit, then the case is lost, and a lengthy driving ban is inevitable. This is simply not true. An over-the-limit reading is the beginning of the prosecution’s case, not the end of your defence.
A successful defence against a drink driving charge is often built not on denying the facts, but on a forensic examination of the law and police procedure. There are numerous established legal defences and arguments that can lead to a full acquittal or the avoidance of a disqualification. Identifying and successfully arguing them, however, requires the deep, technical knowledge of specialist drink driving solicitors. At Motoring Defence, our expertise lies in this meticulous analysis, finding the winning arguments that others might miss.
Is the Prosecution’s Evidence Even Admissible in Court?
The entire case against you rests on one key piece of evidence: the reading from the breathalyser, or the analysis of a blood or urine sample. However, for this evidence to be legally admissible in court, the police must have followed every step of the complex and rigid procedure perfectly. Any significant error or deviation from this procedure can result in the evidence being excluded by the court, at which point the prosecution’s case collapses.
Defence Focus 1: Flaws in the Police Station Procedure
The process of taking an evidential breath sample at the police station is governed by a detailed manual (the MGDDA) that officers must follow to the letter. Any failure to do so can form the basis of a strong defence. Expert drink driving solicitors will obtain the full disclosure from the prosecution, including the police station’s CCTV footage, to check for common errors, such as:
- The Statutory Warning:Did the officer give the correct, word-for-word legal warning before you provided your sample?
- Machine Operation:Was the breathalyser machine working correctly and operated according to the manufacturer’s instructions?
- Medical Issues:Did the officer fail to ask about any medical conditions, like asthma, that could have affected your ability to provide a sample?
Defence Focus 2: The ‘Hip Flask’ Defence (Post-Driving Consumption)
This is a classic but highly technical defence. It applies to situations where a person drives, arrives at their destination (e.g., their home after being involved in an accident), and then consumes alcohol before the police arrive to test them.
The argument is that while you may have been over the limit when the police tested you, you were under the limit at the actual time of driving. To succeed, this defence requires a report from a forensic toxicologist. They will perform a complex “back-calculation” based on your height, weight, the food you ate, and the exact timings to provide an expert opinion on what your alcohol level would have been at the time you were driving. The team at Motoring Defence works with the UK’s leading forensic experts to prepare these reports.
Defence Focus 3: Arguing ‘Special Reasons’ – Why Did You Drive?
In some cases, you may be technically guilty of the offence, but there may be “Special Reasons” why you should not be disqualified. This is not a defence, but a plea to the court to use its discretion and not impose the mandatory ban. To qualify, the reason must be exceptional. Common examples include:
- A Genuine Emergency:Proving you drove in a genuine, life-threatening emergency where you had no other choice.
- A Very Short Distance Driven:Arguing that you drove an extremely short distance and posed no danger to other road users (e.g., moving a car a few feet in a car park).
- “Laced” Drinks:Proving that your drink was spiked with alcohol without your knowledge.
Successfully arguing Special Reasons is a high bar and requires powerful and persuasive advocacy from your drink driving solicitors.
Defence Focus 4: Technical Challenges to Blood or Urine Samples
If the police took a blood or urine sample instead of breath, this opens up a different set of potential defences. The procedures for these samples are even stricter. A defence can be built on issues such as:
- A failure to obtain your valid consent.
- A break in the “chain of custody” (i.e., the sample was not handled or stored correctly).
- Issues with the laboratory’s analysis of the sample.
Motoring Defence: Your Expert Technical Defenders
As you can see, defending a drink driving charge is a highly specialised and technical area of law. It requires a level of expertise that a general solicitor simply will not possess. At Motoring Defence, our drink driving solicitors have a deep and detailed understanding of these complex defences.
An over-the-limit reading is not the end of the story. A full acquittal or the avoidance of a ban is often possible with the right expert representation. For an expert analysis of the procedure and potential defences in your case, contact the specialist drink driving solicitors at Motoring Defence immediately.
