Driving or in charge of a vehicle whilst unfit through drink or drugs
Have you driven a vehicle whilst you are unfit? You could face a disqualification. Please contact us to discuss your case.
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What is the offence?
This offence is committed if you are driving, attempting to drive or in charge of a vehicle on a road or other public place and you are unfit through drink or drugs.
The prosecution have to prove that you were unfit at the time as a result of alcohol, legal or illegal drugs.
To show evidence of a person being unfit, the prosecution will have to show evidence of impairment through an officer conducting a preliminary impairment test and a doctor and possibly a toxicologist report showing a substance in the body.
What is the penalty?
Driving or attempting to drive whilst unfit
You will receive a minimum disqualification of 12 months and anything from a fine to a 6-month prison sentence. If you have been convicted of another drink/ drug related offence in the 10 years before this offence you will receive a minimum of a 3-year disqualification.
In charge of a vehicle whilst unfit
You will receive a minimum of 10 points on your licence or you could face a disqualification along with anything from a financial penalty to a 3-month prison sentence.
Do I have a defence?
These are just a few examples of defences, there are others and you should contact us to discuss your case. It is normally necessary to instruct our own expert in this type of matter to assess any substance in your system. Any possible defence will require thorough preparation.
You may be able avoid a disqualification if it is possible to argue that you were in charge of a vehicle and not driving.
- not driving/not in charge
- not on a road or other public place
- procedural/technical error in conducting the tests
- not impaired
- duress – in fear of serious harm
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If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.
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