Showing posts from June, 2019

Drink driving

One thing I have found since specialising in motoring law is that it is an area that is poorly understood by many people, criminal lawyers and judges included. I have heard comments from fellow solicitors that include, “I don’t need any papers to advise him about his case, it’s only drink driving.” And, “there are no defences to drink driving.” Most worryingly I’ve heard more than one court legal adviser tell their magistrates that “it is impossible to avoid a driving ban following a drink driving conviction.” None of these things are true and I hope, through a series of blog posts, to give a brief glimpse into the law of motor vehicles and alcohol.

In this first post I think it’s worth spelling out exactly what drink driving is and what needs to be proven to secure a conviction.

The first thing to know is that there are two different types of drink driving and they require the prosecution to prove different things. We’ll start with the older version of the offence, driving while unfit …