Thanks for the advice

Convicted Driver Insurance


I had 2 bottles of 330ml beer and drove home. I arrived home and continued to drink 4 more beer and half of a 750ml bottle of spirits. I was in the house about 45minutes to an hour when the police knocked saying they had received a call that I was drink driving. They breathalysed me in my house and arrested me. They took me to the station and breathalysed me again were my reading was 93 of 100ml of breath. They have charged me and I'm waiting for my duty solicitor to attend the first court date. Can I be prosecuted for this when I wasn't actually over the limit when I drove home. My reading was high because I was drinking in my house when I got home?

Martin Hammond

Good morning.

Yes they can. They assume whatever you were when the took the reading was the level you were at when you drove.

The defence is a well established one whereby you get an expert to show what level you would have been at from the two bottles and what difference the extra alcohol made.

Most legal aid lawyers won't do this work so you may have to pay privately or defend yourself.

Kind regards
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