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This occurs when someone is arrested away from the car.
It is sometimes called the ‘hip flask defence’.
|Typically there is a report of an accident and the police turn up at the address of the owner of the car. The owner is then breathalysed and is over the legal limit.Having an accident is a stressful experience and many people have a drink as soon as they can. This can be the worst thing to do because now it looks as if you were over the limit when driving.It is a defence to show that you were not over the limit at the time of driving. To do this you will need an experts report. The expert will need to know exactly how much you had to drink and when. Once they have this information then they can ‘back calculate’ the reading. In other words they start with the reading you gave at the police station and then subtract the alcohol that you consumed after driving. If the figure is below the legal limit then you have a defence.This is not as straight forward as it sounds because the expert will also need to show that the drinking pattern is consistent with the breath test results. Often the report will come back saying that the driver would have been under the limit but to get to that reading he would have needed to have drunk a lot more than he has indicated.
It is important that you get legal advice as soon as possible in relation to this. We work closely with an expert witness and are able to provide you with a report and advise on the prospects of success.
For advice or representation, 24/7 call 0800 1933 999