Had the defendant drunk alcohol before, during or after she drove her car?

We represented the defendant at the police station, and subsequently at Carmarthen Magistrates Court on 25th September 2009.

On the day of her arrest she  had driven to her local shop and purchased alcohol, and on arriving home she had consumed a significant amount of cider and wine.

On receiving reports of apparantly drunken behaviour in the shop, and a report that she had been seen drinking in the car, the police attended at her home and arrested the defendant on suspicion of driving whilst unfit. On being tested the lower reading on the Lion Intoximeter was 138 mcg in 100 ml of breath.

In interview at the police station the defendant explained that she had consumed the alcohol on returning home, and not before, or whilst driving her car.  She may have walked unsteadily in the shop as she had a bad back and a limp. She drank an energy drink in the car, not an alcoholic drink. She had not eaten since the previous day, and she felt that this might have affected the readings of her breath and made them higher than might have been expected.

The case was listed for trial on 25th September. The prosecution applied on the day for the charge to be amended to Drink Driving, but we opposed this on her behalf as the case would need to be adjourned in order for us to obtain expert evidence on back calculation.

The magistrates refused to adjourn the case, and after hearing evidence from the police and the defendant, she was acquitted of driving while unfit.