Hip flask defence
Defence to a charge of drink driving
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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 defence 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, 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]