When Can You Plead Not Guilty to Drink Driving?
A not guilty plea is appropriate where there are genuine grounds to challenge the prosecution evidence. Common defences include challenging the reliability or accuracy of the breath or blood test results, identifying police procedural errors in the testing process, raising the hip flask defence or disputing that you were driving or in charge of the vehicle. Your solicitor must assess the evidence carefully before advising on a not guilty plea.
The police must follow strict procedures when administering breath tests under the Road Traffic Act 1988 and the Evidential Breath Testing Devices Approval Order. Any failure to comply with these requirements may render the evidence inadmissible. Similarly, blood and urine samples must be taken in accordance with section 7 of the Act, and proper warnings must be given.
A not guilty plea should not be entered without a realistic prospect of success. The consequences of losing at trial include losing the sentencing discount and potentially receiving a harsher sentence. Take specialist legal advice before making this decision.
The Drink Driving Trial Process
A contested drink driving trial takes place in the magistrates court before a bench of magistrates or a district judge. The prosecution presents its case first, calling witnesses and producing exhibits. The defence then has the opportunity to cross-examine prosecution witnesses, call its own witnesses and present evidence.
After both sides have presented their cases, each party makes closing submissions. The magistrates then retire to consider their verdict. They must be satisfied beyond reasonable doubt that the offence has been proved. If any reasonable doubt exists, they must acquit.
The trial is listed for a half day or full day depending on the number of witnesses and complexity of the issues. Expert evidence on the reliability of breath testing devices or back-calculation of alcohol levels may be required in some cases.
Evidence in a Drink Driving Trial
Prosecution Evidence
The prosecution will rely on the printout from the evidential breath testing device, police officer witness statements, body-worn camera footage and any other evidence gathered at the scene. The officer who administered the test will usually give live evidence and be available for cross-examination.
The prosecution must establish a continuous chain of evidence from the moment you were stopped to the production of the test result. Any gap in the chain or failure to follow the prescribed procedure can be exploited by the defence.
Defence Evidence
The defence may call expert witnesses to challenge the reliability of the breath testing device or the accuracy of the reading. A forensic toxicologist can provide evidence on back-calculation, absorption rates and the margin of error in testing equipment.
The defendant may also give evidence. If you rely on the hip flask defence under section 15(3) of the Road Traffic Offenders Act 1988, you must prove on the balance of probabilities that alcohol consumed after driving brought you over the limit. Credible supporting evidence is essential.
What Happens If You Are Found Not Guilty?
An acquittal means you are free to leave the court without any penalty. No driving disqualification, fine or criminal record will result from the charge. If you were subject to any interim driving restrictions, these are lifted immediately upon acquittal.
You may be entitled to claim back your legal costs from central funds under a defendants costs order. The amount recoverable is subject to fixed rates and may not cover the full cost of your defence. Your solicitor can advise on the costs recovery process.
An acquittal does not prevent the prosecution from bringing other charges arising from the same incident, such as careless driving. However, the drink driving charge itself cannot be retried following a not guilty verdict.
Risks of Pleading Not Guilty
The primary risk of a not guilty plea is that you will lose the sentencing discount available for an early guilty plea. If convicted after a trial, the court will sentence you without any reduction for the plea. This can result in a longer disqualification period and a higher fine than would have been imposed following a guilty plea.
There is also the risk of higher legal costs. A contested trial requires significantly more preparation than a guilty plea hearing, including potential expert witness fees. If you are convicted, you may also be ordered to pay prosecution costs which are higher for a trial than a guilty plea.
A not guilty plea should only be entered where there are genuine grounds for a defence and a realistic prospect of acquittal. Your solicitor should provide a frank assessment of the strength of the evidence and the likely outcome before you decide.