* the correct sample procedure was not followed.

* the results indicate that the device was not properly calibrated

* your breath sample was interrupted e.g. sickness

* you had something in your mouth, such as chewing gum, tobacco   etc.

* you were on a special diet.

* you have diabetes, asthma, other relevant medical condition.

* you have ill fitting dentures.

* you had close contact in a confined space with paint or solvents.

* you have to take medicine on a regular basis.

* an alcohol antiseptic was used when blood was drawn.

* an alcohol antiseptic was used by you when washing

By not contesting the evidence you don’t get to question the arresting officers. You will not be entitled to say that you accept that the results are partially correct but that they do not accurately reflect what you had to drink. You would therefore accept whatever the reading was and accept that all procedures were followed properly.

Plead not guilty and a trial is set where the defence will get the chance to interview the police officers and examine the physical productions ALL before you attend court. You will then have the opportunity to attack the results on the grounds that the technical rules weren’t followed. If your lawyer considers that all procedures were followed and that there is no technical defence then the lawyer can have the case brought forward to tender a guilty plea and secure any sentence reduction for an early plea.

This is the second in a series of posts on ‘Drink Driving in Scotland – Mistakes to Avoid. Click here for more information ‘Drink Driving in Scotland – Mistakes to Avoid‘

Or alternatively click here to ask a lawyer a question on Drink Driving in Scotland

Drink Driving in Scotland is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Accused of being a Drink/driver then ask us about your own case right now!

There are numerous areas of a possible defence and other relevant issues which include:

• Post Incident Drinking Defence: Was any alcohol consumed post incident but prior to a breath test? This is also known as the ‘hip flask defence’.
• Expert Evidence on Post Incident Drinking: To prove a possible ‘hip flask’ defence requires specialist knowledge and a high quality of evidence
• Basic Information Required: Including details of food, alcohol, medical conditions and medication taken… and it is likely you will also need advice from a medical expert
• Failing to provide a specimen: Once a defence is raised (which is not easy as it may be seen as not a ‘reasonable excuse’)… the onus is upon the Crown to prove beyond a reasonable doubt that it has failed and that you are therefore guilty of the offence. Failing to provide a sample is a very interesting area of defence and we have had a great deal of success in defending such cases.
• Procedure for blood or urine samples: The admissibility of those specimens in excess alcohol cases depends upon the procedures being followed strictly… and those procedures are complex. You should never refuse to give a sample because you were not driving or you were not drinking – as this is a separate offence.
• Blood or urine samples when at hospital: Sometimes samples are taken from a driver when he/she is in the process of receiving treatment following a road traffic accident. Again this is an area of law where the prosecution require to be careful about the methods used to ensure fairness and admissibility of evidence.
• The Breath Testing Equipment: If the defence wish to challenge the reliability of such equipment they really require to do so long before the trial! They will require to have checked the instrument, the service log, the calibration process, the details of use on day and any other aspects of use.
• Breath Alcohol Less than 40ugs: In Scotland a Lord Advocate’s directive ensures that persons with a reading of 40ug or less will not be prosecuted and in England a driver will not be prosecuted under section 5 with a breath alcohol level of less than 40 ugs.

This is not meant to be a comprehensive guide in such a brief article and you are strongly advised to seek legal advice from a suitably experienced and qualified lawyer.

Click here for more information on all aspects of drink driving in Scotland