What are possible defences to a drink driving charge?
Expert advice and representation from a solicitor specialising in drink driving law is crucial in preparing the best possible defence to a drink driving charge. The hip-flask defence: A person should not be convicted of drink driving when they can prove that any alcohol consumed AFTER any alleged offence and BEFORE they provided a specimen for analysis resulted in them being over the legal prescribed drink driving limit. The burden of proof is on the drink driving defendant to prove beyond reasonable doubt that this was the case. The sentencing court is entitled to assume that the alcohol level at the time of any alleged offence was not less than that at the time of any evidential blood alcohol content test.
