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FAQ: Drink Driving

When should I contact a solicitor?

The sooner you contact us, the more options we have available. If you can contact us before you go to the Police Station all the better, however the nature of drink driving cases is that you will often not have the chance to ask for our help until you have been arrested or after you have been released. See here for information about contacting a lawyer. You or a relative can call us as soon as you are arrested. We will meet you at the police station to avoid unnecessary delays.

I think I was given a laced drink. Can you help?

We regularly defend people who have been given a drink that isn’t what they thought it was: Maybe you’ve asked for non-alcoholic lager and been given ordinary lager; maybe someone has laced your drink with spirits without you knowing. We will explain your options, collect the evidence to prove your case and can commission one of our experts to do the calculations that will support your case.

I drank after I was seen driving. Can you help?

We regularly defend people who can argue that their subsequent alcohol reading was affected by what they drank afterwards – the ‘hip-flask’ defence. The Courts need a lot of convincing that at the time of the driving you were below the limit – you will need our help to prove this.

I was driving a sick relative to hospital. Will it make a difference?

It may do – if you drove because of an emergency we can help persuade a Court not to disqualify you – this is called a Special Reason. We will investigate your circumstances and argue your Special Reason with the Court.

I was only moving the car a short distance. Will it make a difference?

It may do – where there is no likelihood of your coming into contact with other road users we can argue that you should not be disqualified – this is called a Special Reason. We will investigate your circumstances and argue your Special Reason with the Court.

I have been asked to provide a breath sample even though I wasn’t driving. What should I do?

Provide the sample exactly as requested. If the Police have reasonable grounds to think you may have been driving you must provide a sample. We can argue you weren’t driving later but if you unreasonably refuse to give a specimen you might be found guilty.

Can I have a disqualification removed from my driving licence?

Yes. An application to remove a disqualification can be made. When you can apply depends on when the disqualification was imposed. Its success depends on what you were banned for and what you have done since the ban was imposed. We will investigate your circumstances, make the written application necessary and then make the application to the Court.

I slept in my car after a party. The Police say I am in charge of a vehicle over the limit?

If you have been drinking and then sleep in your car, the police may arrest you for being in charge of a vehicle whilst being over the drink drive limit. If you weren’t going to drive while still over the limit we can help you put forward a statutory defence.