How Allen Hoole Solicitors Can Assist in Cases of Driving with Excess Alcohol (Drink Driving)
Drink driving, or driving with excess alcohol, is one of the most serious motoring offences in the UK, carrying significant penalties such as fines, disqualification from driving, and in more severe cases, imprisonment.
While the law surrounding drink driving is strict, these cases can often be complex, and procedural or technical errors during the investigation process may provide grounds for a successful defence.
At Allen Hoole Solicitors, we have extensive experience in defending clients accused of drink driving. We have helped thousands of individuals in such cases and have successfully achieved dismissals where evidential or procedural difficulties were present. As the largest criminal defence firm in the South West of England, with a team of experienced solicitor advocates, we are well-equipped to offer expert legal representation in drink driving cases.
Why Legal Representation is Crucial in Drink Driving Cases
Many individuals facing drink driving charges may assume that their case is straightforward due to a positive breathalyser test. However, drink driving cases are complex and may involve a number of potential defences. It is important to seek legal representation to ensure your rights are fully protected and to explore all avenues of defence that may be available in your specific case.
Allen Hoole Solicitors' expertise in this area allows us to carefully scrutinise every aspect of the prosecution’s case, providing our clients with the best possible chance of avoiding a conviction or reducing the penalties.
Common Defences in Drink Driving Cases
Several defences may be available to individuals charged with drink driving. Our team of solicitor advocates is highly skilled in identifying technical and procedural errors that can make a significant difference in the outcome of a case. Some common defences include:
Procedural Errors in Obtaining a Specimen
The police are required to follow strict procedures when administering breath, blood, or urine tests to measure the level of alcohol in your system. Any errors during this process could lead to the evidence being deemed inadmissible in court. Examples of procedural errors include:
- Failure to properly explain the procedure or your rights.
- Problems with the calibration of the breathalyser (intoxilyzer) machines.
- A failure by the nurse or doctor to obtain a blood sample correctly.
If we can prove that these errors occurred, it may lead to the case being dismissed.
Evidential Difficulties
In some cases, there may be evidential issues that cast doubt on the prosecution’s case. For example:
- The timing of the breathalyser test may be crucial. If there is a delay between when you were driving and when the test was conducted, this could affect the accuracy of the result.
- Issues with how the breathalyser or blood sample was handled or stored.
At Allen Hoole Solicitors, we have successfully had many cases dismissed due to such evidential difficulties.
The Post-Driving Consumption Defence (Hip Flask Defence)
The post-driving consumption defence, commonly known as the "hip flask defence," is used in drink driving cases where the driver claims to have consumed alcohol after driving but before providing a specimen to the police. The aim is to demonstrate that the alcohol detected was not present at the time of driving, meaning the driver may not have been over the legal limit while in control of the vehicle. This defence is highly technical and relies on expert toxicological evidence to establish how alcohol was absorbed and metabolised in the body.
At Allen Hoole Solicitors, we have extensive experience in successfully advancing hip flask defences. We work closely with leading toxicology experts who can analyse the timing and quantity of alcohol consumed in relation to the police procedure, providing crucial scientific support. Our specialist motoring law solicitors will carefully assess your case, advise on the strength of the defence, and ensure every detail is expertly presented in court.
Technical Defences
Our expertise in drink driving cases allows us to identify potential technical defences. These can include challenges to the reliability of the breathalyser machine, issues with how the test was administered, or questions regarding whether the alcohol level exceeded the legal limit at the time of driving (rather than at the time of the test). We have access to leading toxicology experts and can instruct specialists to evaluate the case and provide expert testimony where necessary.
Special Reasons Argument
Even if you are found guilty of driving with excess alcohol, there may be special reasons that the court should consider when sentencing. For example, if you drove only a very short distance or in an emergency, this may reduce the severity of the penalties you face.
Expert Knowledge and Resources
At Allen Hoole Solicitors, we have access to the best forensic experts in toxicology, as well as specialists in the functioning and reliability of intoxilyzer machines used to measure breath alcohol levels. These experts can provide crucial evidence in court that challenges the prosecution's case.
In addition, our large team of solicitor advocates has extensive experience in drink driving cases, giving us a significant advantage in defending these types of charges. Our size and resources mean we can offer a comprehensive defence strategy, whether that involves identifying procedural flaws, working with experts, or negotiating with the prosecution.
Why Choose Allen Hoole Solicitors?
As the largest criminal defence firm in the South West of England, Allen Hoole Solicitors is known for providing top-tier legal representation in drink driving cases. We have represented hundreds of clients, helping them navigate the complexities of drink driving laws, and successfully mitigating penalties or having cases dismissed altogether.
Our experienced team of solicitor advocates works closely with our clients, ensuring that every potential avenue for defence is thoroughly explored. We understand the serious consequences of a drink driving conviction and are committed to achieving the best possible outcome for our clients.
If you’ve been charged with drink driving, contact Allen Hoole Solicitors today. Our expert legal team is available to provide you with the guidance and representation you need to defend against the charges and protect your driving licence.