It’s a sad but true fact: the worst time to be looking for professional help with a drink driving
charge – or any other criminal charge, for that matter – is after
you’ve been charged. Of course, few people go looking for a solicitor
who specializes in drink driving cases before they’re facing a drink
driving charge, and no one expects that anyone should. If you did happen
to consult such a professional, though, here are five bits of knowledge
and advice he’d likely give you.
Don’t Ever Assume That You’re “Fine to Drive”
Many
people make the mistake of thinking that enough time has lapsed since
their last drink or that only two pints isn’t enough to affect they’re
driving. The facts are this: there are many different factors that
affect your body’s ability to metabolize alcohol. They include your
size, your weight, your genetics, how much you’ve eaten, the amount of
time elapsed since your last drink, the amount of alcohol you’ve
consumed – even the temperature and your physical condition can play a
part. In general, if you are planning to have a drink – or have been
drinking – during the evening, hand the driving duties to another who is
not drinking.
Do Not Refuse a Breath Test
If
you are pulled over by the police and asked to submit to a drink test,
do not ever refuse on the assumption that the prosecution will have a
weak case without physical evidence. A refusal to take a breath test is
practically an invitation to prosecution. If the police believe you were
drink driving and you refuse to provide a breath sample, the likelihood
that you will be charged with the offence. The court does not look
kindly on those who refuse breath tests. Most will assume that a refusal
is a tacit admission of guilt.
Contact a Drink Driving Solicitor at the Earliest Opportunity
The
longer you wait to contact a solicitor to advise you and handle your
defence, the more difficult it may be to mount an effective defence
against the charges. Bringing a drink driving specialist into the
picture early can prevent you from making admissions or agreements that
can damage your case later in court.
Do Not Plead Guilty to a Drink Driving Charge
The
police or prosecuting solicitors will frequently attempt to convince
you to plead guilty to a drink driving charge in the hope of a reduced
sentence. Do not do it. A guilty plea carries a mandatory minimum
sentence of 12 months disqualification – but that’s just the least of
the penalties that may be levied on you. Beyond the legal penalties, a
drunk driving conviction on your record can affect you in many ways for
years.
There Is Always a Defence
Even
if you believe that you are guilty – that there is no question you were
driving with an excess of alcohol in your system, there are many
defences that can nullify the charges against you and save your driving
licence. That’s why it’s essential that you consult a drink driving solicitor to advise you and prepare your defence if you are facing charges of driving with an excess of alcohol.
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