Whenever anyone has been over indulgent, and there are those who have not been aware that they have imbibed something alcoholic for sure, they will often just simply forget that they may be over the legal limit. Or, they take just this one chance since they may not be able to get a cab or another driver to take them home. This is just not acceptable of course since it could well be the one time that they cause someone else untold damage or even death just from taking that one and very rare chance.

Everyone knows these days that they must either not drink alcohol, or they must find a designated driver to take them home after their evening out. The problem occurs, naturally, when that designated driver is otherwise unavailable or decides to party on down with the rest of the crowd. Taxis are mostly always available so there really is no excuse for taking a chance.

However, that being said, some accused people have been let off lightly when there has been some form of emergency. For example, someone who had taken a couple of beers was let off lightly when he had to take his wife suddenly to hospital after she went into premature labor. Although, strictly speaking, this is still a crime, it could be deemed that he had little choice particularly if his wife was in any kind of danger. In this unusual instance he would probably get some kind of community service if no other person or property was damaged en route to the hospital.

These cases are very rare naturally and the onus would be on the driver to show that he tried every way to get his wife taken to the hospital. Some judges may not be as understanding but in general they do accept that some circumstances can be beyond our control.

For those who have been caught out and there are no circumstances which necessitated them driving, the law has no mercy for sure. If someone is damaged because of their inability to drive then they can expect the full force of the law to come down on them. Indeed, this could be a jail term in some circumstances.

Finally, if the accused was not give his proper warnings when he was arrested under suspicion of driving while under the influence, the expert will surely be able to do something about this kind of case. In some instances, cases have been dismissed when an overzealous officer arrested the driver without reading him his rights, or by treating him badly when taking him in to the station.