True Stories: How We Beat a Drink Driving Charge

When faced with a serious drink driving charge, knowing your rights can make all the difference. In one of our recent cases, a client was charged with a category 3 drink driving offence. Despite the challenges, we were able to secure an acquittal thanks to his persistence and a careful examination of the evidence.

The Case

Our client was stopped by police and taken to the station, where he provided a positive breath analysis. However, he firmly believed he had not been drink driving and insisted on exercising his right to request a blood test.

Initially, the police provided him with a blood test kit, but during his transfer back to his car, they advised him to “just go home and sleep it off.” This suggestion discouraged him from proceeding with the blood test.

At trial, this interference with our client’s right to obtain a blood test became a critical issue.

The Outcome

During the trial, the police officers involved were examined, and their conduct was brought to light. As a result, the court found that:

• The police had interfered with the client’s right to a defence, effectively undermining the prosecution’s case.
• The evidence from the breath test was no longer reliable due to procedural misconduct.
• Our client was acquitted, proving the importance of knowing and exercising your rights when charged with a serious offence.

Lessons Learned

1. Always Request a Blood Test
If you’re charged with a drink driving offence, requesting a blood test is your right. A blood test can provide a more accurate measure of your blood alcohol content (BAC) and can be critical evidence in your defence.

2. Police Must Not Interfere
Police should not discourage or interfere with your request for a blood test. Any such interference can compromise their case and potentially lead to an acquittal.

3. Know Your Rights
Understanding your rights and staying persistent, as our client did, can make a significant difference in your case.

FAQs

1. What should I do if I’m charged with a serious drink driving offence?

Immediately request a blood test, even if you’ve already undergone a breath test. Contact a criminal defence lawyer to guide you through the process and protect your rights.

2. Can police deny me a blood test?

No, the police cannot legally deny or discourage your request for a blood test. If they do, it may weaken the evidence against you.

3. Why is a blood test important?

A blood test is often more accurate than a breath test and can serve as critical evidence in challenging the prosecution’s case.

4. What happens if the police interfere with my right to a blood test?

If the police interfere with your request for a blood test, it can compromise their evidence and may lead to an acquittal or dismissal of charges.

5. What’s the first step if I’m charged with drink driving?

Contact an experienced criminal defence lawyer immediately. They can help ensure your rights are upheld and advise you on the best course of action, including requesting a blood test if necessary.