When a new law comes out there are sometimes loopholes in it which can be exploited by a specialist solicitor in order to either get the defendant acquitted or obtain a reduced sentence. Whilst these may be initially successful subsequent legislation or case law can make them ineffective very quickly. Nevertheless there are still some defences that can be put forward which may - repeat may - help to get an aquittal:
- You are not driving on a public highway, or land to which the public normally has access.
- You drove under extreme duress; for instance in order to protect yourself or others from death or serious injury
- You drank alcohol after having driven
- The police procedure was carried out incorrectly
- The CPS failed to comply with their duties of disclosure
- You failed to give a breath test because of incapacitating physical or mental issues
- You failed to give a blood sample because of a blood or needle phobia
- Your own Private sample of blood or urine was tested and found to be below the limit
- You wasn't driving, and had no intention of driving
There are other defences which may justify a lower sentence such as:
- You only moved the car in order to put it into a safer position
- Your drink was spiked.
The onus would be upon you to prove your point, and for this you would probably have a far better chance of success if you were able to bring forward expert testimony and/or witnesses to back up your claims.
The 'spiked drink' defence is a particular minefield. You would almost certainly need to get someone to come forward to admit to having done this. This person would then be laid open to the possibility of very serious criminal charges, and would also have to accept the possibility of having to pay very substantial civil damages to yourself if you chose to pursue the matter! You would also need to show that you were unaware that you were intoxicated; and that you would have been below the limit had you not drunk the spiked drink.
There is one small possibility of avoiding prosecution when being breathalysed. You need to have as much clean air in your lungs as possible. You can do this by hyperventilating, emptying your lungs as much as possible and then taking a very deep breath before blowing into the bag. You have to bear in mind however the fact that this could cause you to pass out; and the police officer administering the test may well delay it until your breathing is back to normal.
If you feel that you may have a valid way of escaping conviction, or getting a reduced sentence, you are strongly urged to seek legal advice from a firm of solicitors which specialises in this type of work, as soon as possible.