Spiked drink!!

[Philippa]

I went out for a meal with some friends where I drank 2 small glasses of wine, I then went on to orange juice as I knew I would be driving. On the way home we were stopped and I admitted to drinking the 2 glasses of wine and was subsequently breath tested. My reading was 48, which I could not believe, as the other people in my car only had readings in the 20's, so were safe to take my car home.
At the station I blew 44 and then I had blood taken. My independent blood result was 117, the lab technician told me he had never seen so high a result from such a low breath reading. I have since discovered that someone put vodka into my orange juice, which is the reason I was over the limit. This person is prepared to testify in court.
Will I still lose my license?

 

[gutted]

The other person will get into trouble!

 

[Forum Moderator]

I went out for a meal with some friends where I drank 2 small glasses of wine, I then went on to orange juice as I knew I would be driving. On the way home we were stopped and I admitted to drinking the 2 glasses of wine and was subsequently breath tested. My reading was 48, which I could not believe, as the other people in my car only had readings in the 20's, so were safe to take my car home.
At the station I blew 44 and then I had blood taken. My independent blood result was 117, the lab technician told me he had never seen so high a result from such a low breath reading. I have since discovered that someone put vodka into my orange juice, which is the reason I was over the limit. This person is prepared to testify in court.
Will I still lose my license?

If your drink was spiked, unbeknown to you, then you are still guilty of driving with excess alcohol but would have a Special Reason that could mean the Court don't disqualify you from driving. These are tricky cases to run and you would need expert legal representation if you are to stand any chance of success.

Forensic evidence would need to be obtained to show that the alcohol you knowingly drank would not have put you over the legal limit.

If there was evidence that the person who put vodka into your drink knew you were driving home then they could be prosecuted for aiding and abetting a drink driving offence, which carries the same penalties as drink driving itself.