Drink driving charges and your defence – 5 key issues

Being accused of drink driving and facing legal proceedings to that effect can be very stressful indeed for individuals and for their families. We at Kenway Miller Solicitors have some of the most experienced drink driving lawyers in England on our team and we can support you through what can be an extremely testing process.

Here are 5 of the key issues to consider if you’re facing drink driving charges:

Faulty readings

Police forces around England and Wales carry breath testing equipment to try to ascertain whether a driver is on the road whilst over the alcohol limit. These testing kits, however, are not infallible and they do sometimes return readings that are inaccurate. For example, there have been numerous recorded instances in which breath tests have given positive readings when drivers have consumed very little or no alcohol whatsoever.

High alcohol readings

The prospect of losing your driving license because you are pulled over by police and found to be over the legal limit for alcohol can be worrying enough but the Court can consider even more stringent penalties. If you are pulled over whilst driving and you give readings indicating very high levels of alcohol (roughly three and a half times the legal limit) then the Court may impose a custodial sentence. In this situation, you will want to secure the support and guidance of experienced drink driving lawyers such as Kenway Miller.

Police procedures

Most drink driving cases require complex procedures to be carried out on the part of the police whose job it is to obtain bodily samples you provide. It could be that each of these procedures was carried out precisely as they ought to have been but there is scope too for a variety of failings to be discovered in this context and they can be vitally important in determining the outcome of your drink driving case.

Hospital cases

It is particularly important in drink driving cases for relevant police officers to follow proper procedures in the context of sample-taking where the individual involved has been in a road accident. We’ve seen instances in which samples taken following an accident have been ruled inadmissible because the correct protocols were not followed by Police.

Spiked drinks

If you are adamant that you were accused of drink driving because your drink was spiked by a third party then there are a distinct set of procedures to consider. It could be that you’ll be able to avoid being disqualified from driving if you can prove that alcohol was added to your drink in a given instance without your knowledge.

Whatever situation you’re in, it’simportant not to assume that a conviction for drink driving is certain once you’ve been accused by police and you should always look to secure the services of experienced and specialist drink driving solicitors to help you secure a fair but favourable outcome on your behalf.