News & Events
Drink driving: Not a 'criminal's' conviction
Updated
23rd December 2009
The offence of drink driving and related offences can happen to anyone, not just those perceived to be 'criminals'.
Responsible citizens are at all times keen to prevent drink driving but we have all become used to seeing the ‘seasonal campaigns’ during the summer period and at Christmas time.
The risk to the motorist who may have either knowingly or inadvertently exceeded the drink drive limit, is that there are circumstances under which it is mandatory for motorists to be breathalysed. These include following a road traffic accident, whether or not that driver is to blame , or where a police officer reasonably suspects that a person is or has been driving, attempting to drive or is in charge of a motor vehicle on a road or other public place where a motoring offence has been committed.
In other circumstances, a police officer can request that a car driver provides a specimen of breath, but only if the police officer can provide evidence that he reasonably suspects that the driver has ingested alcohol and/or a drug. Spot checks are not uncommon during the Festive period and a police officer, having ‘pulled over’ a driver can request a breath test even if no offence has been committed, although there must be evidence to establish that the officer had reasonable cause to suspect that driver has consumed alcohol or drugs.
"We provide a 24/7 service to a wide range of offences including drink driving - Call us on 07966081992"
So what can you do to get legal advice in circumstances where the police have or are about to breathalyse you? Firstly, you have no automatic right to seek legal advice prior to the breath test being taken and it is worth bearing in mind that a refusal to take a breath test will automatically result in an arrest. Our advice is therefore to take the breath test but ensure once you have arrived at the police station that you request access to a solicitor who will be able to advise and represent you both in terms of any charges brought at the police station and subsequent appearances at Court.
Whilst drink driving is a serious offence which should not be taken lightly there can on occasions be mitigating circumstances which may influence any punishment handed out by the Courts, and it is important that you seek specialist legal advice at the earliest opportunity.
At Harding Evans we have a large team advising clients in relation to a wide range of offences including drink driving/driving under the influence of drugs. We provide a 24/7 service with a out of hours crime telephone number being made available to our clients and police stations in the area. If you, or someone you know is unfortunate enough to be arrested on suspicion of drink driving or driving under the influence of drugs please contact a member of our crime team on 07966081992.