The offence
Driving while unfit is an old-fashioned version of drink driving that was used before the introduction of breath, blood and urine testing. Although rarely used today it is still a crime that the police can rely upon if they cannot prove drink driving any other way.
Unlike driving with excess alcohol, this type of drink driving does not require the police to show that you were driving above the drink driving limit. Instead, they must convince the court that you were not fit to drive and the reason you were not fit was because you had consumed alcohol – the offence can also be committed by taking drugs but there are now specific laws to deal with people who drive after using drugs.
To secure a conviction, the police must prove that you drove a motor vehicle, on a road or other public place, that you were unfit to drive at the time, and that your unfitness arose from the use of alcohol or another drug.
Winning a trial
The key to defending any allegation of drink driving is to prepare, fully and thoroughly. You will need a solicitor who is on top of the facts in your case, and who understands the law. That solicitor will need to consider both the prosecution evidence and your account plus that of any witnesses you have.
Once you have got to grips with the evidence, your solicitor should be able to identify the point of attack and formulate a plan of action. For example, if the attack is going to be on whether the local is a road, then your solicitor will need to obtain evidence showing the place does not meet the definition of a road. If the plan is to attack your level of impairment we may need to obtain expert medical evidence from a doctor who can assess how drunk you were at the time.
Only once all of this out of court work is completed are you ready to meet the opposition in the courtroom and persuade the court to acquit.
Sentencing
Before you make a decision on pleading guilty or not guilty, you'll probably want a good idea of what sort of sentence you will receive if you admit everything or if things go badly at your trial.
The sentence will depend on a few factors. First, how drunk you were. Secondly, whether you have any previous convictions and the age of those previous convictions. Thirdly, the circumstances of your arrest, i.e. are there any factors that make the offence more or less serious.
Because there is no alcohol reading to guide the judge, she will decide on sentence based primarily on how impaired you were at the time you drove. This means that if you are convicted or plead guilty then there is still scope to reduce the sentence by persuading the court that your level of impairment was lower than the prosecutor might wish the court to decide.
Before you are sentenced your solicitor will address the magistrates on why your offence is less serious than it may first appear. This could include presenting evidence that you were not as impaired as the prosecution claim. You solicitor will also give the magistrates information about you that may lead them to reduce your sentence.
| Examples of behaviour | Starting point | Range | Disqualification | Disqual if 2nd offence |
| Moderate impairment and no aggravating factors | Band C fine | Band C fine | 12-16 months | 36-40 months |
| Moderate impairment and one or more aggravating feature | Band C fine | Band C fine | 17-22 months | 36-46 months |
| High level of impairment and no aggravating factors | Medium level community order | Low level to high level community order | 23-28 months | 36-52 months |
| High level of impairment and one or more aggravating features | 12 weeks imprisonment | High level community order to 26 weeks imprisonment | 23-28 months | 36-52 months |
If you are facing a court appearance and would like to speak to an expert motoring solicitor who has a wealth of experience mitigating drink driving offence then call Nick Diable on 01869 866 490 or visit our contact page.