I don’t think I was over the limit - what should I do?

So you don't think you were over the limit. But the police say you were, and they probably have test results to prove it. In this situation, you may wish to challenge the results.

However, it is usually very difficult to try to argue in court that the evidence against you is unreliable. Most defendants who succeed manage to either convince the court that the breath test machine calibrations were outside acceptable boundaries or demonstrate the presence of high acetone levels in the breath specimen.

As technology improves and devices become more reliable, the scope to challenge results on either basis has narrowed. The devices now used in police stations have become far more adept at differentiating between the various substances contained in a specimen.

Thus, you should think very carefully and consult your solicitor at length before you decide to challenge the test results. Certainly rethink any defence strategy advanced purely as a "shot in the dark" to reduce the penalty the court imposes, since this approach is doomed to failure and invariably just leads to an increased sentence.

Getting help

If you've been charged with a drink driving related offence, you are strongly advised to seek legal advice as a matter of priority. You can find a criminal law solicitor in your area for free via Contact Law .

Related Articles

• Drink Driving Law Overview
• Drink Driving FAQs
• W hat Is The Drink Driving Limit?
• Drink Driving Penalties
• Drink Driving Tests: Overview of Breath, Blood and Urine Testing

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