Putting up a Defence Against a Drink Driving Charge

Drink driving is typically regarded as a trifling matter, however, even for a first-time offender; you are likely to face a criminal conviction, duration of license revocation or a fine. For high range offenders, a time behind bars cannot be ruled out, based on the circumstances in which the misdemeanor occurred. Nevertheless, you can put a strong defence against a drink and driving charge. In spite of the fact that majority of drink and driving charges end up as plea bargains, you can hire a traffic lawyer and successfully put up a defence against such an accusation. Here is one of the notable defences against a drink driving charge.

Demystifying DUI and PCA charges

Drink driving charges are commonly referred to as DUI. DUI is the acronym for driving under the influence of drugs and alcohol. To provide evidence for a DUI charge, the prosecution is expected to attest that you were in fact under the influence of alcohol when driving your car. The prosecution may cite noticeable symptoms of intoxication, including erratic driving or bloodshot eyes as evidence of being under the control of alcohol. In truth, this is quite hard and subjective because there is no sure or scientific means of confirming that an individual is under the manipulation of alcohol.

However, rather than being referred to as DUI, drink driving charges are essentially PCA. PCA denotes prescribed concentration of alcohol. The prosecution can level a drink driving charge against you by scientifically measuring the concentration of alcohol in your system using an alcoholmeter and confirming that the readings obtained from your breath sample exceeds the prescribed concentration of alcohol. That said, a traffic lawyer can help you put up a defence against a PCA charge.

Disputing the reading

This type of defence seeks to prove that the reading generated by the breathalyser isn't the same reading you had when driving. Note that the charge is exceeding the prescribed concentration of alcohol in your blood while driving thus it is the reading generated while driving which would be the subject mater.

Your traffic lawyer will retain a professional to determine the possible concentration of alcohol in your blood system at the point in time while driving. Pharmacologists are professionals in how various substances interact with the blood system. As such, they can determine a possible alcohol concentration reading at the time of driving when equipped with the following information:

  • The number of drinks consumed
  • The alcohol content of the drinks taken
  • Food consumed
  • Time gap in which the drinks were taken
  • Any medication taken
  • Physical features, including height, age, weight and body type.

In essence, your traffic lawyer may prove that even though you were above the limit at the moment of your breath examination, you weren't above limit at the time of driving; thus you aren't culpable of a PCA charge. Additionally, although you might be above the limit, these matching principles might be applied to lessen the range, for instance from a high range to a low range offence. This will considerably lessen the maximum penalties relevant.

To establish if it is prudent to take up this type of defence, it is advisable that you consult an experienced traffic lawyer (like those at Russo Lawyers).


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