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Drink Driving: The Hip Flask Defence

There are two types of drink driving in the UK. The most common is properly called driving with excess alcohol. When you are charged with this, you will be required to provide a breath sample to be analyzed by a machine that monitors the level of alcohol in your breath. The other type of drink driving is called driving while unfit. You will not be asked to provide a breath sample and police officers will provide evidence of your disability that describes your behaviour.

The hip flask defense is really meant for the type of drink-driving (the one with a breathalyzer machine), although in the right circumstances you can use it if you’ve been charged with drink-driving suitable

You will need to prove two things to win a drink driving test using the hip flask defence. The first is that you have consumed alcohol after to drive. The second is that you would have been under the drink drive limit if you had not consumed any alcohol after you had finished driving.

You will need two different types of evidence to prove each element of the hip flask defense.

Evidence that you drank after you stopped driving can come from you, meaning you can go on the witness stand in court and tell the judge that you drank after driving. But if it is available, the evidence will be much more effective if it comes from someone else.

Proving that you would have been under the drink drive limit is a bit more difficult. In the vast majority of cases the court will want to see medical evidence from a doctor experienced in calculating alcohol levels – these are called ‘post calculations’ and are extremely complex. It is highly unlikely that your own GP will be able to provide the necessary evidence. The only time you will not need a medical test is when you have consumed absolutely no alcohol before driving. Although, it is best to have a witness who can confirm your account!

The hip flask defense usually arises in two situations. First, after an accident in which the driver is shaken and takes a sip from his flask (or the container that carries his drink) to calm his nerves. The second occurs when the police have witnessed what they consider to be bad driving, but have been unable to stop the driver for some reason. At some point later that evening, the police will arrive at the registered custodian’s home and ask him to provide a breath sample for analysis. At this point, the driver may have had enough to drink to be over the drink drive limit, even when he was stone sober when he got home.

Calling witnesses who can say they were with you before you drove home and that you didn’t drink (or didn’t drink much) and a witness who can say you hit the bottle when you got home will increase your chances of success.

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