Is it possible to defend a drink or drug driving case?
Yes, if you have been charged with a drink or drug driving offence you are not under any obligation to plead guilty. It is always open to you to choose to fight the charges against you. Ireland has a criminal justice system which is responsible for ensuring that accused people are only convicted of offences if the State properly proves their case beyond a reasonable doubt. This means that if there is any reasonable doubt about any element of the case against you, or if proper procedures have not been followed, the case must be dismissed. Cases involving drink and drug driving offences are highly technical, and even minor issues can lead to the dismissal of the case.
What must the State prove?
There are two primary offences under the Road Traffic Act which relate to drink and/or drug driving (1). These are drunken driving and drunk in charge with the intent to drive. Each offence is made up of a series of elements and if you have been charged with one of these offences, the State must prove each element of the offence beyond a reasonable doubt. If the State is unsuccessful in doing this, they will not secure a conviction against you.
If we look at drunken driving, the state must prove the following elements (2):
- That the accused drove, or attempted to drive a mechanically propelled vehicle in a public place while under the influence of an intoxicant to such an extent as to be incapable of having proper control of said vehicle, or
- That the accused person drove or attempted to drive a mechanically propelled vehicle in a public place while the concentration of alcohol in the accused’s blood, urine or breath exceeded the prescribed limit or, in the case of drugs, equalled or exceeded the prescribed concentration of a drug in the blood, within three hours of driving or attempting to drive.
The elements that must be proved for drunk in charge are as follows (3):
- That the accused was in charge of a mechanically propelled vehicle in a public place with intent to drive or intent to attempt to drive the vehicle and was under the influence of an intoxicant to such an extent as to be incapable of having proper control of the said vehicle, or
- That the accused was in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle while the concentration of alcohol in their blood, urine or breath equaled or exceeded the prescribed concentration of a drug in the blood, within three hours of being so in charge.
What are some defences or technicalities
Numerous defences exist and are available to those who have been accused of either drink or drug driving. These defences are highly case specific, with each case presenting its unique set of facts and circumstances and so it is not feasible to list all potential defences. For anyone who is facing charges of drink or drug driving and is seeking to challenge their case, it is strongly advised to consult with a Solicitor who specialises in this area of the law. A trained legal professional possesses the required expertise to assess the particulars of a case and determine whether a valid defence exists, as discerning this can be very difficult for the untrained eye.
Some possible defences are as follows:
- Medical exemption certificate: It may be the case that an accused person is the holder of a medical exemption certificate which indicates that at the time the drug was found to be present in their blood, it had been lawfully prescribed for them by their doctor.
This is a defence to both drunken driving and drunk in charge but only apply to a person in respect of the drugs 9-tetrahydrocannabinol (cannabis) or 11-nor-9-carboxy-9-tetrahydro-cannabinol (cannabis).
- Involuntary intoxication: This may be a defence to drunken driving as it has been argued that it would be inadequate that an involuntarily intoxicated person would be found guilty of a criminal offence even though there is no moral culpability involved.
A case can be dismissed for reasons that are less complex than the above defences. For instance, one such scenario could be the unavailability of crucial witnesses, thereby rendering the state incapable of proving the essential elements of the offence. Alternatively, it is possible that vital documents, such as the results of the accused’s blood test indicating their blood alcohol level, have been misplaced by the State which would complicate its ability to prove whether the accused exceeded the legal limit and by how much.
Moreover, the Garda witness may have inadvertently lost or misplaced their notebook which often contains important evidence relating to the case against you and which is, more often than not, used as a memory aid when giving evidence. Even simpler grounds for dismissing a case might involve situations where the accused was incorrectly charged with the wrong offence, where standard legal guidelines were not adhered to, or where the accused was not duly notified of their hearing date.
As specific defences and strategies will depend on the circumstances of each case, it is always advised to engage the services of a Solicitor as they will be best placed to assess what defences are available to you. There are also some common approaches that solicitors may consider, and these include challenging the breathalyser or drug test results, exploring alternative explanations for the observed impairment and in cases where a conviction seems likely, solicitors will present evidence of the accused’s positive character as well as mitigating factors for the purposes of achieving the best possible sentencing option.
