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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I am taking high doses of antidepressant drugs and recently

Customer Question

I am taking high doses of antidepressant drugs and recently failed a breathaliser test in Ireland ways my legal position?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do they contain alcohol?
Customer: replied 1 year ago.
Does what contain alcohol
Expert:  Jo C. replied 1 year ago.
The medication?
Customer: replied 1 year ago.
Not that I know I would say no they are antidepressants!
Expert:  Jo C. replied 1 year ago.
Do they contain a warning not to drive?
Customer: replied 1 year ago.
Warning says these tablets may cause droziness.do not drive or operate machinery.
Expert:  Jo C. replied 1 year ago.
Ok. Are you asking if this gives you a defence?I suppose this is drug driving rather than drink driving?
Customer: replied 1 year ago.
Yes I am. The warning says may cause drozines if so do not drive.
Expert:  Jo C. replied 1 year ago.
Ok. The short answer is that it depends what they are alleging and what is in the drugs. If drugs contain alcohol or other substances that are prohibited save for by prescription then you still commit an offence if driving whilst using them. There is no defence in saying that they were prescribed to the road traffic offences that arise from driving whilst using them. The fact that they contain a warning not to drive tends to suggest that they might contain something that would affect the relevant tests although it does not guarantee it. That said, even if the drugs in question are free from prohibited substances and alcohol, if they contain a warning not to drive then the DVLA may revoke your licence on medical grounds if they are of the view that you are driving whilst using them. But you can ask the Crown to proof that your specimen was accurate. It is not likely that a lawful substance would give the appearance of being an unlawful one. Can I clarify anything for you? Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No you do not understand what my problem is at all.
Expert:  Jo C. replied 1 year ago.
Ok. Good luck