Arrested at home

[sazbad]

Hello

My husband on friday was out and about in his car as we have recently lost our dog and he was postering round the local area. He stopped at 2 pubs and had a 1/2 in each pub whilst handing out the posters. He then went to a local college and asked them to put a poster up to. After he left the lady he had spoke to shopped him to the police saying he smelt of beer and looked emotional (he is after loosing our much loved dog).
He drove home and had more drink in the house (at least 3 cans of cider). The police turned up over an hour later and breathalysed him and he read 90 in the house but then 78 at the police station.
The police confiscated all of the cans in our bin.
They have said they will somehow work out if he was over the limit at the time he was driving.
We are gutted he never has more than 1 pint if he drives and now it seems hes going to get banned for coming home and drinking in his own house.
He had also used mouthwash as he had got changed and was about to go along to the pub to watch the football, and he was questioned on why he had done that.

Hes never been in trouble with the police before. Hes now bailed until the beginning of August and can still drive for the time being.

Any advice? any similar stories to this. i always thought you had to be stopped behind the wheel, ive never heard anyone being done when they are inside their own home.

Thanks in advance

 

[redzed]

I got stopped 10 mins after locking my car up.

Your exact scenario is called the 'hipflask' defence where a person who has suspected that he has been spotted drink driving, will get home and break out the alcohol in order to try and blame his high reading on his alcohol consumption whilst drinking at home.

Unfortunately it will be assumed that his BAC level whilst driving will be exactly the same as the evidential sample (78) that was taken in the police station. In other words you are presumed to be guilty unless you can prove otherwise. What you need to do is to employ a forensic lab to do a 'back calculation' in order to establish what his BAC level was whilst driving.

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[SeanJoyceStephensons]

An hour is a long time and certainly long enough for your husband to have drank enough alcohol to take him over the limit.

The police must first prove, beyond all reasonable doubt, that your husband has driven the vehicle. There are only two ways that they will be able to do this, with an eye witness who saw him drive or with admissions he may have made to the police.

If the police can prove he has driven the car then your husband must show, on the balance of probabilities ( a lower test) that at least some of the alcohol was consumed after he drove (the so called "hip flask defence") and that he would not have been over the limit when he drove were it not for the alcohol he drank after he drove. A forensic scientist could prove this. However, a forensic scientist can only work with the imformation he is supplied with, which needs to be as accurate as possible. I would recommend that your husband makes a careful written note of what he had to drink , how much and at what time, as well as what he had to eat and when, before his memory begins to fade with time.

If you would like some help in finding a forensic scientist or wish to discuss your case in more detail with one of our team of specialist lawyers then feel free to call us, free of charge and in condidence on 08450020736