In some drink driving cases, there is a delay between when you are reported driving and when a road side breath test is taken. It maybe the case that you have been witnessed coming out of a pub, getting into your car and driving home. It may be a short while before the police turn up at your house and in that time you may well have had a drink since you stopped driving, which then puts you over the drink driving limit when tested.
There is nothing wrong in having a drink after you have got home and raising the issue of post driving drinking is known as the “Hip Flask Defence“.
Albeit a right and proper defence to raise, your word alone will generally not be good enough and you will need expert medical evidence to support your drink driving defence.
The expert medical evidence required is called a “back calculation” and the expert will be able to tell the court whether you would have been over the drink driving limit at the time of you driving or not. In making their calculation, the medical expert will look at a number of issues including the amount you have drunk after driving and the amount of alcohol that was in your system at the time you were breathalysed.
If the back calculation can show you were under the prescribed drink driving limit at the time you were driving then you will be acquitted of drink driving.
About Caught Drink Driving
Caught Drink Driving is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl was employed as the head of department for some of the most high profile motoring law firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 99 5535 or your can send a confidential email by clicking here.
