Friend arrested for drink driving at the weekend

Convicted Driver Insurance

Claire

New Member
Hi, I am new to this forum and have just read your posting and have a few questions:
My friend was arrested for drink-driving at the weekend after running into the back of a car that had just stopped in front of us at traffic lights. He didn't break in time, presumably because his reaction time was slowed by the alcohol...
You say in your posting that if drivers are over the limit they will be fingerprinted and have DNA taken. That didn't happen to him- why not?
His breath test at the police station showed a reading of 68, so almost double the 35 ml limit. He was also made to have a blood test but doesn't yet know the result. Can we find out the result?
He was given a date to return to the station in early Jan. We aren't sure whether this is to attend Court as they didn't say, and all the letter says is that he has been granted bail and has to return on the stated date. Can you shed more light on what will happen when he attends the station?
He has never had any driving convictions in the past. What punishment could he face?

Many thanks for your help!
 
Hi, I am new to this forum and have just read your posting and have a few questions:
My friend was arrested for drink-driving at the weekend after running into the back of a car that had just stopped in front of us at traffic lights. He didn't break in time, presumably because his reaction time was slowed by the alcohol...
You say in your posting that if drivers are over the limit they will be fingerprinted and have DNA taken. That didn't happen to him- why not?

His breath test at the police station showed a reading of 68, so almost double the 35 ml limit. He was also made to have a blood test but doesn't yet know the result. Can we find out the result?
He was given a date to return to the station in early Jan. We aren't sure whether this is to attend Court as they didn't say, and all the letter says is that he has been granted bail and has to return on the stated date. Can you shed more light on what will happen when he attends the station?
He has never had any driving convictions in the past. What punishment could he face?

Many thanks for your help!

Hi there,

This is quite a strange case and out of the norm. May I ask why your friend had to provide a blood sample as well as a breath sample? The law states you must be given an option to provide an alternative sample if your breath alcohol reading is between 40 and 50 mg, yet he blew 68, so why was he then asked to provide a blood sample? Maybe there was a fault with the evidential breath testing machine and hence the reason why he had to provide a blood sample.

If the reading the machine produced was unreliable then the breath reading he gave at the police station can not be used as evidence, if this was the case then he probably wouldnt have been charged with a drink driving offence (as there would have been no hard evidence he was over the limit) and hence didnt go through the whole process of being fingerprinted etc as is the norm when you are charged with a criminal offence.

The blood test results can quite take a few weeks to be processed and it is unlikely you will find out until your friend appears at the police station in January. When he appears at the police station he will either a) be charged with a drink driving offence and subsequently bailed to appear at magistrates court at a later date or b) released without charge. This will of course be dependant on the result of the blood analysis. If the BAC (blood alcohol concentration) level is 81 or above then your friend will be charged and bailed to appear before a magistrates court.

If this is his first drink driving offence then he will be looking at a 12 - 18 month driving ban, a fine, court costs and will almost definitely be given the chance to go the drink drive rehabilitation course.
 
Re: Getting caught/convicted of drink driving can be a very stressful experience

Many thanks, that's very helpful.
I think there was a chance that the breathalizer machine might have showed an error when it printed out the results, and that's why he was given a blood test. I don't know exactly because I was told to wait outside the room!
Is there any way he can find out when the blood test result is through?
Does he need to find a lawyer?
He intends to plead guilty (as he can't really deny it!) so is there any point getting a lawyer?
We have read that if you enter an "early guilty plea" the sentence will be reduced. How and when should he go about doing this?
I think there was a problem with the breathalizer machine and that's why he was given a blood test.
 
Re: Getting caught/convicted of drink driving can be a very stressful experience

Sorry to bother you again, he has just asked me more questions:
He is a medical student i.e. studying to be a Doctor. Is his career at risk and does he have to report it to his University? He says that as a student he's not registered with a regulating body (General Medical Council) until he qualifies.
How do they do the means testing for the fine? As a full-time student he doesn't have a huge income but he does work part-time! Will he have to provide bank statements to prove that he isn't earning much or do they take your word for it? He's paid cash in hand for his part-time work.
 
Re: Getting caught/convicted of drink driving can be a very stressful experience

Many thanks, that's very helpful.
I think there was a chance that the breathalizer machine might have showed an error when it printed out the results, and that's why he was given a blood test. I don't know exactly because I was told to wait outside the room!
Is there any way he can find out when the blood test result is through?
Does he need to find a lawyer?
He intends to plead guilty (as he can't really deny it!) so is there any point getting a lawyer?
We have read that if you enter an "early guilty plea" the sentence will be reduced. How and when should he go about doing this?
I think there was a problem with the breathalizer machine and that's why he was given a blood test.

It is entirely up to your friend whether or not he decides to hire a solicitor, even though he is pleading guilty, solicitors can still help get any potential sentence reduced by entering a plea of mitigation. Which basically means them telling the judge about any mitigating circumstances and their clients previous good character (if applicable) etc. It is likely your friend will qualify for legal aid too, so hiring a solicitor can only help matters and is recomended.

An early guilty plea is a plea made to the court at the earliest possible convenience, which is the day your friend will have to appear at court for the first time. Sentences and fines are reduced by up to a third for an early guilty plea.
 
Re: Getting caught/convicted of drink driving can be a very stressful experience

Sorry to bother you again, he has just asked me more questions:
He is a medical student i.e. studying to be a Doctor. Is his career at risk and does he have to report it to his University? He says that as a student he's not registered with a regulating body (General Medical Council) until he qualifies.
How do they do the means testing for the fine? As a full-time student he doesn't have a huge income but he does work part-time! Will he have to provide bank statements to prove that he isn't earning much or do they take your word for it? He's paid cash in hand for his part-time work.

I cannot answer the question about reporting the matter to the University, however, in regards to his career I do know that Doctors who are convicted of drink driving can and do get suspended and their names taken off the medical register for a certain period of time, however they are usually able to get their cases reviewed and their names re-instated after an official review, providing there is no evidence of ongoing impairment or alcohol misuse. This will give you an idea of where the BMA stand regarding drink driving convicitions.

In regards to calculating the fine and means testing, please see this thread.
 
Many thanks again.
How does he prove that he is a full-time student on a low income? Will his partner's income who he lives with and who partly supports him also be taken into account?
Final question (sorry!): he was given one of the 2 blood samples that were taken at the police station. Any idea how much it would cost to have that independently analysed for its alcohol level? He was given a leaflet on various labs he could send it to, but no prices...
 
Many thanks again.
How does he prove that he is a full-time student on a low income? Will his partner's income who he lives with and who partly supports him also be taken into account?
Final question (sorry!): he was given one of the 2 blood samples that were taken at the police station. Any idea how much it would cost to have that independently analysed for its alcohol level? He was given a leaflet on various labs he could send it to, but no prices...

Where the household of which the offender is a part has more than one source of income, the fine should normally be based on the income of the offender alone. However, where the offender’s part of the income is very small (or the offender is wholly dependent on the income of another), the court may have regard to the extent of the household’s income and assets which will be available to meet any fine imposed on the offender.

In regard to proving his financial status, filling out a means form should be sufficient. As for the cost to get the blood samples analysed, your best bet is contacting the labs in question and asking them how much they charge.
 
You should ensure that the blood sample is stored in appropriate conditions. In my experience, most forensic scientists recommend that any blood sample is stored in a fridge to preserve the sample as best as possible. For evidential purposes it should also be sent recorded delivery, first class and a documentary record retained. A blood alcohol analysis can usually be obtained for around £200 or so from most independent laboratories. If you need any help in arranging this let me know.
 
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