The law relating to drink driving is complex and whilst many cases are straightforward and result in conviction, a number of technical defences exist.
A person found guilty of driving or attempting to drive a motor vehicle will face mandatory disqualification of at least twelve months ( although the Drink Drivers Course if successfully completed will allow the motorist to cut the ban by one quarter). The higher the level over the prescribed limit, the longer the ban.
A defence may arise if , for example, the specimen has been affected by drinking after driving and circumstances may give rise to an alternative charge of being In Charge of a Motor Vehicle which , as a separate offence, has its own defence. Such an offence does not always carry a mandatory disqualification ( although does carry endorsements) and it is therefore vitally important that the motorist only accepts his guilt to the offence actually committed.
There are occasions where, even though guilty of the offence, the motorist may argue that "Special Reasons" exist for non disqualification. For example, if a motorist is able to prove that his drink was laced, or his journey was an emergency, or where the journey was particularly short a court may be persuaded to use its discretion not to disqualify.
And from April 2015 the Government changed the law so that a motorist no longer had, in certain circumstances the opportunity of replacing one specimen with another, meaning a greater prospect of being convicted.
Phil Morris is an experienced drink driving lawyer in West Yorkshire. he has represented hundreds of motorists in connection with these offences and will offer an assessment of your case quickly, as it is often only a matter of days before a motorist appears in court following detection.