miss

[hopelesshelp]

Hi, my partner last monday was pulled over and done for drink driving just after lunch. He had not had a drink since sunday evening. He is a veteran with ptsd. He is crying out for help but no one has yet been able to help him with his ptsd, and blew 94 on the breath test (he stupidly threw away his paperwork so i only have what he has told me when he finally came clean to me last night. He is self employed but work is slow to say the least, however losing his license would be devastating to us and our children. He did not think that 14 hours after his last drink he would still be over the limit. Is there any hope at all, is there legal aid? Does acetone affect breathalysers? (He has collapsed recently a few times and is seeing a doctor this week to find out if he is diabetic) or do we have to suck it up and take the conviction? thanks in advance for any advice

 

[hopelesshelp]

I should also add that he was on bail for drunk incharge (not charged as he had collapsed at his car after one pint -possibly again diabetes related) after one pint he blew 45 when they finally breathalysed him 2 hours later after he was rushed to hospital.

 

[SeanJoyceStephensons]

With regards to the most recent offence, a reading of 94 in breath should not attract a custodial sentence, even with the other offence of being drunk in charge of a vehicle. I am however concerned that the reading is 94 after he has not consumed any alcohol for 14 hours. The average rate of elimination is around 8 micrograms per hour, therefore on average you would expect him to have had a reading of around 200 in breath. This would have been one of the highest results ever recorded on a breathalyser.

If your partner is certain that he had not consumed alcohol for around 14 hours then it is well worth looking into any illnesses or medication that he is taking to check whether it would have affected the breathalyser reading.

Similarly with the first offence, it would not be possible for one pint of beer to give a reading of 45 in breath, and certainly not 2 hours after consuming it. Therefore if there is a medical condition affecting his readings then it would appear to be applicable to both cases.

I would not expect legal aid to be available as there is no risk of custody with this offence. However if you wished to be certain then he could approach a local criminal firm who would be able to carry out the assessment and confirm either way.