Hip flask defence

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In places like the United Kingdom, a hip flask defence is a defence to an allegation of drink driving that a driver had consumed alcohol between the time of a vehicular offence, such as an accident, and a breathalyser test, so that a positive result does not actually indicate that they were driving while intoxicated. [1] [2]

Though popular (in 1991, the defence was used in 90% of Swedish appeals against drink driving convictions), [3] the hip flask defence is not always effective. It is possible to back calculate the amount of alcohol and prove an offence nevertheless. [4]

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References

  1. "What is a hipflask defence?". Motoring Law. 24 October 2016. Retrieved 26 May 2020.
  2. "Drink Drive & Drunk Driving Solicitors Devon, Somerset & Dorset". Slee Blackwell. 8 May 2017. Retrieved 26 May 2020.
  3. Jones, AW (July 1991). "Top ten defence challenges among drinking drivers in Sweden". Medicine, Science, and the Law. 31 (3): 229–38. doi:10.1177/002580249103100307. PMID   1822585. S2CID   8346436.
  4. Iffland, R; AW Jones (2002). "Evaluating alleged drinking after driving: the hip-flask defence: Part 1. Double blood samples and urine-to-blood alcohol relationship". Medicine, Science, and the Law. 42 (3): 207–224. doi:10.1177/002580240204200305. PMID   12201066. S2CID   22197478 . Retrieved 25 April 2009.