A Court must disqualify a driver convicted of driving with excess alcohol or driving whilst unfit through drink or drugs in addition a fine, community sentence or even a prison sentence may be ordered. A successful defence to these charges rarely involves a finding that a driver was not over the limit at the time of their driving but rather that something was not said or done correctly as prescribed by law.

A roadside test merely gives an officer a ground to arrest a driver suspected of drink driving, to actually prove the charge their breath, blood or urine must then be tested. The test must be carried out in a manner prescribed by law and certain procedural matters must be adhered to throughout the proceedings at the roadside, in the police station and at Court. If any of these are incorrectly followed then this may form the ground of a defence.

The present drink drive limits are:

• 35 micrograms of alcohol per 100 ml of breath
• 80 micrograms of alcohol per 100 ml of blood
• 107 micrograms of alcohol per 100 ml of urine

This is an extremely complex area of law with some of the most serious punishments made available to the Court to impose.