Even after one small alcoholic drink, it can be very difficult to know whether you are within the legal limits prescribed by UK law.
Different people process alcohol differently, and two people consuming the same drink may have distinctly different levels of alcohol in their blood an hour later.
There is no hard and fast rule about how long you should wait after drinking alcohol. Following a night of drinking, you may well be still over the limit the next morning.
If you do find yourself accused of drink driving, solicitors can help you with advice on possible defences or mitigating factors.
Below are three of the more common defences that may be used when a defendant pleads not guilty to a drink driving charge:
Identification
This is where the police or other witnesses have wrongly identified you as the driver of the vehicle. The prosecution must prove beyond reasonable doubt that you were in control of the vehicle while under the influence of alcohol.
Procedure
The police must follow specific procedures, for example, they must give the person accused the statutory warning before taking a breath test or taking blood and urine samples. Failure to do this will mean the accused is not guilty.
Driving on private land
If you were driving on private, not public, land, this would be a valid defence. For example, you were manoeuvring your car in the drive of your home, but never went onto the public road.
Whatever your line of defence, evidence to argue in favour of your reasoning will be required.