Unfit to Drive Through Drink or DrugsAccused of being Unfit to Drive Through Drink or Drugs? We can help…
Being unfit to drive through drink or drugs
Section 4 Road Traffic Act 1988
Driving Conviction Offence Codes: DR20
Being unfit to drive through drink or drugs is similar to drink/drug driving, but is charged under a different section and covers offences where the police don’t have evidence that a person is above the limit, but still suspect they are unfit to drive through drink or drugs.
Being Unfit Penalties:
- Mandatory Minimum 12 Month Ban
- Fine & Costs
- Possible Community Order
- Possible Prison Sentence
Do you depend on your driving licence for your job? We can help defend allegations…
Google Rating
-
Call them TODAY!!I cannot express how grateful I am for the service that was provided to me! From the initial call to receiving … More my closing letter the team have been exceptional. I want to say a special thank you to Isaac, Katie and Rima for the way they handled my matter and the support they gave me, they were informative, understanding and happy to break down/explain all aspects of the case with no hesitation. I also want to thank my barrister John who was extremely professional and kind and I was impressed with how he handled the case. All in all if you need legal support regarding a driving matter get in touch with Patterson Law today!!!
-
Fantastic work from Ashleigh Hannah, she handled my case for driving whilst on/holding a mobile device, she called me and … More gave me regular updates, she definitely went above and beyond by summoning police to attend court in my favour. We won the case and even the aftercare is the best I’ve come across.I will definitely recommend and use again
Evidence of ‘Unfitness”
The main difference between an offence of drink driving and one of being unfit to drive is the specimens.
For a charge of drink driving the prosecution must prove that the defendant was above the legal limit, which they do by obtaining a specimen of breath, blood or urine. For a charge of ‘unfit’, the prosecution don't have to have a specimen of breath, blood or urine above the limit, but instead this is replaced with the burden to prove, beyond reasonable doubt, that the defendant was unfit to drive, and that the unfitness was caused through drink or drugs.
Evidence of unfitness can come in many ways. The police will very often refer to the standard of driving and any witnesses that observed the defendant at the point they were driving. They will look to see if the defendant smelled of alcohol, if their eyes were glazed, if they were unsteady on their feet or their speech was slurred. CCTV from the police station, and body worn video from the arrest and any subsequent procedures need to be thoroughly scrutinised to determine the driver's apparent unfitness.
Occasionally, the police will ask the driver to conduct a number of impairment tests, the results of which are examined to conclude if the defendant is unfit to drive. These are called Field impairment tests, or FIT tests.
- The first part of the test includes an examination of the driver’s pupils.
- Second is the ‘modified romberg balance test’. The officer tells you to stand straight with your heels and toes together and arms by your side. The officer then asks you to tilt your head back and shut your eyes, and then bring your head forward and say ‘stop’ after 30 seconds.
- Thirdly is the ‘walk and turn test’. The officer will ask you to walk in a straight line heel to toe keeping your arms by your side. They will ask you to take 9 steps counting aloud each time you do, then turn around and repeat it back.
- Fourth is the ‘one leg stand test’. You are told to raise your right leg and keep your other foot parallel on the ground and count 30 seconds aloud.
- And finally is the ‘finger to nose test’. You are asked to bring both arms up in front of you with your palms facing up and your fists closed, and then touch the tip of your nose with alternating index fingers.
The point of these tests is that the officer will note if the defendant was swaying, if they have failed to follow any instructions, and generally how well the tests have been executed.
Impairment through drink or drugs
Secondly, If the police can prove that the defendant was unfit, it must also be proved that this unfitness was caused through drink or drugs.
This is where it can get a bit tricky because in many occasions, the police might not have a sample above the legal limit.
It would be more straightforward in one of the examples used above, whether defendant has had a crash. If the defendant has been involved in a road traffic accident where there was no hazard and no ordinary driver would have crashed, and has given a specimen only slightly below the legal limit some 7 or 8 hours later, it could probably be safely deduced that the defendant was unfit to drive at the time they had the crash.
But this might be less obvious if a defendant has given a reading say, in the 20s, only half an hour after driving.
Here, the police may well a juice the roadside breath sample as evidence that alcohol was in somebody's body.
Other issues to consider
Of course, being ‘under the influence of drink or drugs’ Not in itself sufficient to charge. There would still have to be evidence of that person either driving or being in charge of a vehicle, and also being on a public road or place. For more information on evidence of driving or being in a public place, see our drink drive page.
And it is still possible to defend the charge of being unfit to drive through any of the usual defences, such as post driving alcohol consumption or medical emergency. For more information on those defences, please see our drink drive page.
Testimonials
Graham, I would just like to put in writing how pleased we are with your legal services. The preparations for the defence have been very thorough and detailed and we can't fault that in any way. I was very impressed with the level and volume of detailed case law that you were able to bring to bear, including the changes prepared to mitigate the very late evidence that the CPS tried to introduce. I would therefore just like to convey may heartfelt thanks for all of your efforts along the way keeping us informed on progress and which eventually lead to the CPS offering no further evidence and the case being dropped Without your expert help it could have been a very different outcome, which would have been a travesty of justice as there was never any intention to drive I would also like to express our thanks to Joseph Byrne, the Barrister you instructed to represent Chris at the hearing. He was extremely well prepared and VERY knowledgeable on our case and the points of Law surrounding it. He ran rings around the CPS Barrister who appeared to be very poorly prepared. Once again to you and your team and to Joesph Byrne, thank you.
You were simply superb defending me, thank you.
Thank you Graham. Your sensitivity and understanding was of great help to me. Never again! Please pass on my thanks to everyone who helped me. I am on the mend finally.
Two Drink Drive Allegations in 2 years - Both defended successfully. First offence I registered 153 mg's and faced a sentencing guideline of 12 weeks imprisonment, disqualification, fines etc. as it is over 4 times the limit - I received; 100 Hrs community service, £85 Costs ( The minimum the CPS can ask for!), £60 Victim surcharge, no points and no disqualification. Second offence; a vehicle I & 9 others have access to was involved in a damage only accident. Police came to my house & I blew 149 which is over four times the limit, but I had been drinking all day out on foot and indoors prior to my arrest as it was new years eve. The case against me was immediately withdrawn in court, in that it failed the Crown Prosecution Service code for prosecution. Without your legal advice I would have been hung out to dry on both occasions. Thank you to everyone who helped me.
Excellent service and professional handling of a delicate situation. Both Dan & Emma are excellent and sympathetic.
I initially got in touch with you for some advice and a quote based on my case. I felt so at ease when speaking to Joanna that it was an easy decision for me to instruct the company. Joanna was excellent throughout my case, giving me advice, replying to my emails and calls pretty much straight away and always making things as easy as possible for me. She was very personable and always put things in laymans terms for me. A massive plus when going through such a period of uncertainty. Nothing was too much hassle. Massive thank you to Joanna and all your brilliant team.
Frequently Asked Motor Law Questions
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.