If you believe that raising a defence that you weren’t driving is likely to see you avoid conviction in a drink driving or drug driving related offence, this defence may not be as relevant as you may think.
In many cases, there must be proof of you having driven or attempted to drive to secure a conviction. That is except for the offence of failing to provide a specimen. The prosecution merely need to demonstrate that the police had a valid reason to require a specimen and that you failed to provide the specimen without reasonable excuse. The valid reason can be a suspicion of having driven or being in an accident.
Aside from this offence, there are a number of scenarios where you can be charged for being ‘in charge’ of a motor vehicle, driving or attempting to drive a motor vehicle so the police do not have to have actually seen you drive to secure a conviction for drink driving.