Being successfully charged with a drunk driving offense can have significant consequences. You will be banned from driving for at least 12 months, or even 36 if you have committed a similar offense in the last ten years. He could also be fined up to £5,000 and could have to spend up to six months in jail. Clearly, such a charge could be incredibly disruptive and can drastically affect your ability to work, so it’s important to realize that such charges have been successfully contested in the past and that there are defenses or loopholes that may allow you to do what you can. same. same.
The first thing that needs to be clarified is that there are two different charges that can be brought against you in relation to driving under the influence of alcohol, depending on the factual situation; and one is perhaps more capable of defiance than the other. This is the ‘Driving Unfit’ charge; filed if the police are unable to obtain a breath, blood, or urine sample proving excess intoxication (more than 35 micrograms of alcohol in 100 milliliters). This may be because the person fled the scene of an accident (which, of course, he should never do) and was tracked down by the police after the event.
In the absence of a sample of evidence, the accusation will be based on the testimony of witnesses who claim to have seen the drunken person shortly before the accident (in a bar, for example) or at the scene of an accident. This testimony may refer to the person’s behavior or another aspect of the person’s behavior. Such testimony is necessarily subjective and may conflict with the testimony of other witnesses; meaning that a charge of driving while unfit is questionable and more likely to lead to an acquittal than a charge of driving under the influence of alcohol made with strong evidence of intoxication.
However, if the police possess such evidence, having stopped a driver and taken a breath, blood or urine sample that proves intoxication, this will lead to the second type of charge, ‘Driving or being in charge while exceeding the limit’ . Although this charge is much more difficult to challenge, due to the existence of incriminating evidence, the legal sensitivities surrounding it can be exploited and may lead to an acquittal.
Since the requirement (imposed by Parliament) that you give evidence against yourself conflicts with centuries of law passed by English and Welsh judges, the higher courts (i.e. judges) are keen to prevent any kind of abuse by the police. This means that the police must follow a very strict set of procedures if they want your case to be irrefutable. Any irregularity can be challenged and, if successful, may lead to the case being dismissed.
Navigating these complex legal loopholes can be difficult, which is why it is always a good idea to avail the services of an experienced speeding and motoring attorney. He or she can identify any weaknesses in the case brought against her and help you challenge any bans, fines, or jail terms.
