Despite the name, this category of offence covers 6 separate and distinct offences and there is an overlap between drink and drugs. The offences range from drink driving to being in charge of a vehicle whilst intoxicated.
As soon as you get in your car whilst drunk you are likely to be committing an offence. Defences to this would be to show you had no intention of driving, you were only doing so in an emergency situation or you were moving the car a minimal of distances.
Evidence that you had drunk more than the legal limit is fairly easy to obtain. There is a roadside breath test followed up by a further test at the police station. Blood or urine samples may also be required.
Driving under the influence of drugs is more problematic for the police, although they are currently working on tests for this.
First offences of a minor nature will lead to a ban of at least 12 months along with a fine. More serious offences or repeat offences will lead to an extended ban and/or jail time. Driving under the influence of drugs carries the same penalties as drink driving - a ban and a fine of up to £5,000 or up to six months in jail. However, if a person under the influence of drugs causes a fatal accident, they could face a two-year ban and a maximum of 14 years in jail.
This could have every effect or none. While intoxicated it is usually accepted that your decision making ability is impaired. However, this may have nothing to do with any accident that occurred.
You need advice as soon as possible, preferably before you are convicted as by then it may be too late to do anything. Call us now and speak to Nick Routh, an experienced lawyer who has dealt with many contentious car accident injury claims and so understands all the complexities of driving offences and how they affect liability.