Hip flask defence
The hip flask defence, also known as the rising blood alcohol defence, is a defence to a charge of drink driving based upon the claim that the driver consumed alcohol between the time of a vehicular offence, such as a traffic collision, and the time of administration of a test for intoxication such as a breathalyser test. The defense asserts that the driver was not intoxicated at the time that they were driving, but had a higher blood alcohol level at the time of the test due to that subsequent consumption of alcohol.[1][2]
The defence is not necessarily successful, both because it may not be believed by a jury or other finder of fact,[3] or may be disproved based upon the analysis of the amount of alcohol claimed to have been consumed after the driver stopped operating the vehicle.[4][5]
References
[edit]- ^ Kronstrand, Christoffer; Nilsson, Gunnel; Chermà, Maria D.; Ahlner, Johan; Kugelberg, Fredrik C.; Kronstrand, Robert (January 2019). "Evaluating the hip-flask defence in subjects with alcohol on board: An experimental study". Forensic Science International. 294: 189–195. doi:10.1016/j.forsciint.2018.11.014.
- ^ Jones, A.W. (1 May 1990). "Status of Alcohol Absorption Among Drinking Drivers". Journal of Analytical Toxicology. 14 (3): 198–200. doi:10.1093/jat/14.3.198. PMID 2374414.
- ^ Noval, Justin; Imwinkelreid, Edward J (2014). "Retrograde Extrapolation of Blood Alcohol Concentration". Criminal Law Bulletin. 50: 188.
- ^ Jones, A W (July 1991). "Top Ten Defence Challenges among Drinking Drivers in Sweden". Medicine, Science and the Law. 31 (3): 229–238. doi:10.1177/002580249103100307. PMID 1822585.
- ^ Iffland, R; Jones, A W (January 2003). "Evaluating Alleged Drinking After Driving – The Hip-Flask Defence: Part 2. Congener Analysis". Medicine, Science and the Law. 43 (1): 39–68. doi:10.1258/rsmmsl.43.1.39. PMID 12627679.
External links
[edit]- Hip Flask Defence (PDF). Procedure. Vol. 02511. Hampshire Constabulary. 13 August 2012. Retrieved 25 October 2012.
- Official Motoring Law advice
