Driving When Unfit Because Of Drink or Drugs
A person is guilty of this offence if he drives, attempts to drive or is in charge of the vehicle whilst unfit to drive through drink or drugs.
The prosecution must prove not only the influence but also that the defendant was thereby impaired in the proper control of his vehicle and evidence is required to show:
Unfitness to drive
Presence in the body of drink or drugs
That the unfitness was caused by the drink or drugs
Whether or not the defendant was fit to drive is an issue for the court’s determination, therefore is paramount that you instruct our expert solicitors.
The question of unfitness to drive can be established by:
Evidence of the defendant’s condition, e.g. can the defendant stand up, walk straight, answer questions, and speak without slurring?
The manner of the driving, e.g. Was he driving erratically? Did an accident occur in a situation which would not usually have presented any apparent danger to a normal driver?
Witness evidence is often called including the police officers. An officer might conduct a Preliminary Impairment Test. Evidence of impairment can also be established by the result of a blood or urine analysis.