Drink Driving Allegation with a Breath Test
If you are charged with drink driving then it is important you seek advice at the earliest opportunity. Not only could this make a huge different to the end result in your case but, you will hopefully find that it puts some of your concerns to rest and makes you feel better about the position you have found yourself in.
It is important that you realise from the outset that whilst you may have provided a sample that was above the limit, this does not always mean that you can (or should) be convicted of drink driving!
We provide free initial telephone advice and would be happy to help so please contact us to discuss.
You must be confident in your representation and if our statistics are not enough to convince you of our expertise, we invite you to review our web pages, client testimonials and case studies.
You may have been charged with this offence because you have provided a positive breath test at the police station. This is called the “evidential breath sample” and is the evidence that will be used against you to try to prove that you were over the prescribed limit.
Most motorists who approach us assume that they have only one option – to plead guilty. It is understandable to assume that you must be guilty if you have provided a positive test however this is not always the case. As specialists in motor law, there are a number of unique strategies and techniques that enable us to successfully defend you and we urge you to contact us so we can explain your options in detail. Being charged with this offence can be an intimidating process and we want you to be able to make informed decisions on how best to proceed with your case.
What makes us different from the rest?
94% of our clients are found NOT GUILTY of drink driving when they have provided a sample of breath!
Even amongst specialist firms this is an extremely impressive success rate.
When we are instructed in a case, there are a number of avenues that we scrutinise which include but are not limited to:
- The police station procedure conducted by the officers involved in your case. It is vital that some aspects of the procedure are conducted correctly and we often find serious breaches in procedure that result in an acquittal
- The equipment used to breathalyse you. There are 3 different machines used to breathalyse suspects in the UK and we work alongside the leading experts who specialise in each device. Together we have found ways to challenge the reliability of the device used and often find that the equipment is poorly maintained.
- Is the evidence itself strong enough? To secure a conviction in the UK the court must be satisfied that you are guilty beyond all reasonable doubt. To a non-specialist drink driving lawyer the evidence against you may seem substantial however when we review the strength of the case we almost invariably find flaws and have evidence thrown out. The result? The case against you simply isn’t strong enough to convince the court that you are guilty.
- Whether all evidence has been disclosed is another area that results in acquittals. It is vital that you receive a fair trial and there are many cases where this is simply not possible due to certain evidence not being disclosed to us. At trial, we have successfully argued that this means you cannot enjoy a fair trial and the case has been dismissed.
A non-motor law specialist would (in most cases) not know the various possible defences that may be available and advise you to plead guilty. This is why we would strongly recommend contacting us even if you have spoken to non-specialists to ensure you get the most accurate advice.
If you were given a copy of the breath-test printout (which is similar to a receipt) at the police station then you can identify the type of machine used as its name will be at the very top. Regardless of the device it is important to remember that despite the manufacturer claims they are not infallible and, like any other piece of electrical equipment they can experience faults and malfunctions.
There are three breath-test devices used through England and Wales and these are as follows: