Drink driving is a serious concern, but if you've been charged, it’s important to know that all is not lost.
Many cases are successfully contested, and with the right legal representation, you have every chance of securing a positive outcome. Here, I’ll address one of the most common questions: "What are the consequences of being caught drink driving, and can I win my case?"
"Write down the details of your arrest, including interactions
with police officers and the testing process.
This step is by far the most important thing that you can do.
Remember, neither your lawyer nor the judge was there when you were arrested.
You were, so start writing"
Legal Consequences of Drink Driving
While the penalties for drink driving can be severe, understanding them is the first step toward constructing a defence.
First, the consequences:
Fines: Penalties often depend on the level of intoxication and whether it’s your first offence. However, a solicitor may be able to argue for reduced fines based on your circumstances. From experience, people care little about the fine. Its what comes next that matters most.
License Disqualification: Mandatory disqualification periods vary, dependent on how much over the limit you were. The court has no choice here; if they convict you, they have to disqualify you. That’s because the law orders them to do so. So, it’s important to try to ensure that you don’t get convicted.
Imprisonment: While jail time is a possibility in severe cases, it’s very unlikely in most cases. Courts regard jail as a “last resort” even for more serious offences than drink driving. While it does exist as a punishment, its only reserved for people with 2 or more convictions for drink driving or where an accident may have occurred.
Criminal Record: Convictions will result in a record; that’s out of the judges’ hands. However, after 7 years, a conviction for drink driving will be regarded as “spent”.
How You Can Win a Drink Driving Case
If you've been charged with drink driving, it’s crucial to remember that the case isn’t over until all legal avenues have been explored in court. Common strategies for a successful defence include:
Challenging Testing Accuracy: Unlike other countries where blood specimens are tested by independent laboratories whose testing procedures have sometimes been found to be imperfect, blood and urine specimens in Ireland are tested by the State laboratory, whose testing procedures are first-in-class and amongst the best in the world.
However, blood and urine specimens are still evidence and their production, storage and transmission to the laboratory must be properly accounted for.
Procedural Errors: Police officers must follow strict legal protocols when administering tests and making arrests. A deviation from these procedures can render evidence inadmissible in certain circumstances.
Mitigating Circumstances: Factors such as duress or necessity can provide a defence, but only in very, very limited cases.
Expert Legal Representation: An experienced drink driving solicitor can identify weaknesses in the prosecution’s case and build a compelling argument in your favour.
Practical Steps to Take Now
If you're facing charges, take these steps to improve your chances of a favourable outcome:
Document Everything: Write down the details of your arrest, including interactions with police officers and the testing process. This can be difficult where recall of events is affected by alcohol, but it is critically important. This step is by far the most important thing that you can do. Remember, neither your lawyer nor the judge was there when you were arrested. You were, so start writing.
Consult a Specialist Solicitor: Drink driving law is complex, and a solicitor with expertise in this area can guide you through the process and ensure no stone is left unturned.
Stay Positive: Many people have faced drink driving charges and successfully contested them. With the right approach, you can too.
Understand the court process: A case can only be successfully proven against you if the judge is satisfied that the evidence they have heard in court proves the case beyond reasonable doubt. It may surprise you to learn, but police officers are human and like all of us -myself especially- they sometimes make mistakes. If a mistake occurs during the trial -it does happen- it may render the evidence ‘unsound’ and create a ‘doubt’ in the judge’s mind. If this happens the prosecution case will almost certainly collapse.
Conclusion
Drink driving charges are daunting, but they don’t have to define your future.
If you understand your rights and work with a skilled lawyer, you can fight the charges and construct a potentially strong defence.
However, these cases are hard and the police are very well trained.
They are not easy.
These cases are complex and require a lot of hard work from your lawyer as well as you.
I am always optimistic of finding a defence (or defences) from the evidence in the case.
Then it becomes a question of trying to persuade the judge, through careful advocacy, to accept your argument.
After all, what are your alternatives, plead guilty and go off the road for 2 or 3 years?
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