It has been an offence to drive whilst unfit through drink or drugs for some years. Today the police are given a new weapon-a machine that can detect illegal drugs and legal drugs at excessive levels in blood.
The traditional method for drug tests was to make the motorist undertake certain roadside coordination tests. The police can still do that.
Any person arrested for drug driving can have blood samples or urine samples taken at the Police station by a Police Surgeon for analysis.
At Emmersons we have represented many people who have been charged with drink driving or with driving whilst unfit. The biggest mistake people make is refusing to give a sample of breath or blood or urine. That of itself is an offence which can result in 18 months disqualification and a fine as well as Court costs. Given the limitations on legal aid legal representation would also possibly have to be paid for.
There are no loopholes. There is just the law. Therefore, whether you are a passenger or a driver, if a police officer asks you for a breath sample then your best choice (and our advice) is to be compliant. Thereafter you should seek legal advice as to the process you have undergone and the possible consequences.
Despite what the law says, some Police Officers still feel the need to suggest that getting a Solicitor, if you are to be interviewed, will delay the process. It will not. In our experience people who are interviewed without a Solicitor often regret it-either because of what they have said or what they have failed to say.
You don’t have to rely on the Duty Solicitor. If you are to be interviewed ask for Emmersons Solicitors. We are available 24/7/365 and will attend the Police Station within 45 minutes of being told you are to be interviewed. Advice and representation at the Police Station is free.
For information on the new drug procedures click Here