When prescription drugs and alcohol are combined and driving takes place, the consequences cannot be avoided. When a driver claims to have been confused when he or she embarked on driving, and argues that the confusion or lack of judgement was due to a combination of prescribed drugs and alcohol, can they claim a defence to a charge of drug or drink and driving?

I recently attended a drink/drive case at Guildford Magistrates’ Court. As part of my preparation, I discover literature explaining that consuming Prozac and alcohol together may result in troubled thinking and impaired judgment!

For those unfamiliar with Prozac, it is the generic name for a drug prescribed for eating disorders and depression.

A charge of drink driving is a ‘strict liability’ offence. That means that the prosecution do not have to prove that the accused intended to commit the alleged offence! The Court is only concerned with whether the unlawful act took place, i.e. was the accused driving when he or she were so impaired?

The fact that the combination of alcohol and drug may have affected the judgment of the driver when they decided to embark on driving, is something that may go to ‘mitigation’ but not to any defence to a charge.

This is just one issue that can influence the way in which a case is pursued tactically by an lawyer. Matters such as this will also be of assistance to the lawyer, who seeks to provide an understanding of the emotional and psychological background of their client. This background is crucial when communicating the real issues to the court.

Therefore, no defence is available to the driver who decides to drive and explains their lack of judgement by claiming that they were affected by a combination of prescribed drug and alcohol.  This background information may be advanced as ‘mitigation’, which is a way of explaining why they acted in the way that they did.

Andrew Henley is a direct access barrister representing clients at Guildford Magistrates’ Court, Staines Magistrates’ Court, Aldershot Magistrates’ Court, Wimbledon Magistrates’ Court and Lavender Hill Magistrates’ Court.