What to expect

[Charlotte H]

Sunday evening I crashed my car, air bags where deployed I blew 87 on the breathalyser. With the nature of the crash I was taken to hospital by the police after being arrested which meant they are testing my blood the breathalyser was done on the road side around 1:30am and my bloods were not taken until 4:20am at the hospital, I was discharged from hospital and taken to the police station and put in the cell for the morning and released on investigation after my interview. My mental health has not been great over the past few months (police have on record the situation causing PTSD) which is obviously not an excuse for drink driving this is my first offence and not sure what the next steps are, some legal advice would be great. Thank you.

 

[SeanJoyceStephensons]

The delay in taking your blood in your circumstances is normal and the level of the reading at the roadside suggests that your blood reading will come back over the limit. It may be that you are contacted by the police in around 6 weeks time and invited to the police station to be charged. It is more likely that you will receive a letter in the post with a postal charge and summons to court.

A reading of 86µg in breath would mean you would face a ban of between 17 and 22 months along with either a fine or a community order. You cannot be charged on the basis of a roadside test hence the reason the blood was taken. If your blood reading is comparable then your penalty will be in that region.

The only way of avoiding a ban is by defending the case. Cases involving the obtaining of blood at a hospital can be more complicated and can give rise to procedural errors that can even impact on the reliability of the result. Should you wish to discuss potential defences you should contact a specialist on 03330095537.