Alcohol case defence in Dubai requires understanding strict UAE laws governing alcohol charges in the UAE, including offences such as drinking alcohol without a license, driving under the influence of alcohol, and unlawful alcohol consumption and possession.
Under Federal Law by Decree No. 31 of 2021 (Crimes and Penalties Law) and Federal Decree-Law No. 14 of 2024 (Traffic Regulation Law), penalties can include imprisonment, fines, deportation, and driving bans.
However, these same laws also provide legal grounds for defence when applied with precision in court.
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Defending Alcohol-Related Charges Under UAE Law
Common alcohol case defences in Dubai include challenging the legality of possession, questioning the accuracy of intoxication tests, and raising procedural errors during arrest or investigation.
These strategies are grounded in the Crimes and Penalties Law and the Traffic Regulation Law.
With this framework, we can answer a key question: What are the common legal defences available in Dubai for individuals facing alcohol charges in the UAE?
Defending alcohol charges often involves examining whether the accused actually breached the strict provisions of UAE law. Common strategies include:
- Challenging unlawful possession or consumption – Proving alcohol was consumed or possessed in a licensed venue, which Article 363(1) recognizes as lawful.
- Questioning evidence of public intoxication – Showing there was no nuisance or public danger, as required for conviction.
- Raising procedural violations – Arguing improper arrest or evidence collection under the Criminal Procedures Law.
How can a defence lawyer in Dubai challenge cases related to drinking alcohol without a license?
When a charge involves drinking without a license, a defence lawyer will focus on whether the accused was genuinely in breach of licensing requirements. Possible arguments are:
- Reviewing license obligations – Showing the defendant was exempt or consumed in an authorized venue.
- Disputing the validity of the charge – Proving the alcohol was purchased from a licensed seller.
- Invoking mitigating factors – Seeking reduced penalties under discretionary provisions of the Crimes and Penalties Law.
What legal arguments can be used in Dubai courts to defend someone accused of driving under the influence of alcohol?
DUI cases are among the most severe alcohol-related offences. Defence strategies usually target the reliability of evidence and the legal process. These include:
- Challenging test accuracy – Questioning breathalyser or blood test procedures.
- Arguing no loss of control – Demonstrating the driver remained capable of controlling the vehicle.
- Highlighting procedural irregularities – Showing police did not follow the required arrest and testing steps.
How do defence strategies in Dubai address charges of alcohol consumption and possession under UAE law?
When alcohol consumption or possession is the issue, the defence focuses on whether the act was legally justified. Lawyers typically argue:
- Authorized use – Showing the alcohol was consumed or held in a permitted place.
- Lack of intent – Demonstrating no intention to consume, such as sealed bottles in transit.
- Procedural errors – Challenging the admissibility of evidence seized without compliance with the Criminal Procedures Law.
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FAQs about Legal Defence for Alcohol Cases
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UAE Advocator Editorial is a team of qualified legal graduates specializing in UAE law and regulations. They provide expert, clear, and up-to-date legal analysis, insights, and commentary tailored for legal professionals, businesses, and individuals navigating the UAE’s complex legal landscape. As a trusted source for accurate and reliable information, UAE Advocator helps readers stay informed on the UAE’s latest legal developments, legislation, and court rulings.