Will they take into account the fact that the breath sample was not taken immediately

Convicted Driver Insurance

debuk

New Member
My son was arrested after crashing his car and admitting he'd been drinking. However they were not able to get a reading straight away and didn't get tested again until he was at the police station approx 8 hours after his last drink ( they had to take him to hospital first ). He blew 53 microgrammes of alcohol in 100 millilitres of breath but will the court take into account the fact that it would have been higher earlier? No-one else was involved in the accident.
 
The police may try and carry out a back calculation to ascertain what his reading would have been at the time of driving but if he has simply been bailed to attend Court then it would seem they are not pursuing this. The police would normally instruct a doctor to take a blood sample from him whilst he was at hospital, did the police give any explanation as to why they had to take breath?
 
Not as far as I know but I did get the impression that they felt sympathetic to his situation as he was very distressed the night it happened which was why he drove when he shouldn't have.
 
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