Driving Whilst Unfit from Drink or Drugs

This  is a serious charge with potentially life-changing consequences.

We will assess the accuracy of the breathalyzer or blood tests, examine the circumstances, and help you mount the best defence possible.

Driving Whilst Unfit from Drink or Drugs

The police must prove that you are unfit to drive. This means that your “ability to drive properly is for the time being impaired”.

To do this the police officer should carry out preliminary impairment tests. The police do not need to show that you were over the prescribed limit.

There are several defences available for driving or attempting to drive while unfit through drink or drugs. For example, the police may have laid the incorrect charge and be out of time to lay the correct charges. This can mean the evidence to support the original charge is weak allowing us to defend the charges. We can also endeavour to prove that you were not impaired and a failure of a particular impairment test could have been due to health issues at the time.

Being unfit through drugs encompasses situations where your ability to drive is compromised due to the influence of drugs, including illegal substances and certain prescription medications.

The police can test for cannabis and cocaine at the roadside.

What Are Penalties For Driving While Unfit Through Drink and/or Drugs?

If you are convicted of drink and/or drug driving, the penalties can include:

  • A criminal record.
  • A maximum penalty of six months in prison.
  • An unlimited fine.
  • An automatic driving ban of at least one year (three years if you have been convicted twice in 10 years).

If you kill someone while driving under the influence of alcohol and/or drugs, you could be sentenced to life imprisonment.

In addition to the criminal penalties handed down by the Court, a drink and/or drug driving conviction can result in you losing your job, being unable to enter certain countries (because you have a criminal record) and damage your personal and professional reputation.

Being charged with drink and/or drug driving is a worrying experience for anybody. Let us handle your matter and trust that we will provide you with honest and affordable advice, representation, and legal services.

Schedule a consultation with one of our expert solicitors

Read what our clients think

Thanks to their expertise, the evidence was carefully reviewed, and they identified crucial details that helped to weaken the prosecution’s case. Throughout the entire ordeal, they kept me informed and supported, ensuring I felt confident during each step of the proceedings. At trial, I was completely acquitted of the charge. I am incredibly grateful for their dedication and hard work. They not only saved me from a criminal conviction but also from a potentially life-changing consequence of a prison sentence. I can’t recommend this firm highly enough. Thank you for everything.

Mr BD

The team’s professionalism, attention to detail, and commitment to my case made all the difference. I can’t thank them enough for their support and dedication throughout the process. If you are facing any road traffic issues, I highly recommend Windmill Cross. They truly care about their clients and will fight for the best possible outcome.

Mr TA

I’m beyond relieved, and I owe it all to the team at Windmill  Cross. They were thorough, sympathetic and truly had my best interests at heart throughout the entire process. If you’re under investigation or facing legal challenges, I highly recommend them.

Anonymous