KNOW YOUR RIGHTS Q
I was at the pub with friends, but I didn’t have anything to drink. I think somebody saw me leave and reported me wrongly for drink-
driving. I drove home and whilst at home had a few beers. Half an hour later, the police arrived and arrested me for drink-driving. I was over the limit but that’s only because I drank at home.
They took me to the police station and asked me for breath, but I refused to give them because I wasn’t drink driving. Can they still prosecute me even though they have no evidence that I was actually drunk behind the wheel?
Second, the only requirement on the police is to notify the registered keeper at their last known address within 14 days. So if you are not the registered keeper; for example if the vehicle is on hire purchase or if it’s a lease car, then the chances are the first letter would have gone to the registered keeper within 14 days and what you have received is the second or even the third letter, meaning you cannot challenge it.
Then, there are many exceptions to that rule. Some notable exceptions are: if a collision has occurred there is no requirement; or if the keeper is the author of their own downfall, for example if they have moved address but failed to update the logbook; or if a NIP was given verbally at the roadside - in any of these circumstances, it would not be challengeable.
If however you are the registered keeper, you haven’t moved address, and you have simply received the letter late, then you may be able to challenge it. However, the correct procedure would still be to nominate the driver and then challenge the substantive offence. We get many queries where people have received a letter late but then failed to nominate the driver, instead just rejecting it and refusing to nominate. That sees people prosecuted for failing to provide driver information, leaving the driver liable for 6 points and up to a £1000 fine.
We always advise people that if you believe a notice has been sent to you late, seek legal advice immediately so that we can check whether you can challenge.
PHTM MARCH 2026 A
Yes, they can. Under section 15 Road Traffic Offenders Act
1988, the police are legally entitled to assume that because you were over for the limit at some point after driving, you must have been over the limit at the time you were behind the wheel. They don’t need to prove drunkenness whilst driving, they can legally assume it.
If you want to argue that you drank alcohol in between driving and being breathalysed, then you have to prove that in court on the balance of probabilities.
In a lot of cases, people make this worse because when they get to the station, they refuse to give breath on the basis that they were not drink-driving. It is quite an understandable refusal, however legally that is not a defence. It is only a defence if you can show that you were physically incapable of providing one, which in this case wouldn’t apply as you chose not to provide.
A lot of people end up getting prosecuted for failing to provide a specimen of breath, leaving them liable to a minimum 12 month disqualification, com- munity orders and financial penalties.
Our advice is always to give a specimen at the station if you are asked. If you are then charged with drink-driving wrongly, you defend that charge rather than try to defend failing to provide.
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