Was it legal ?

Convicted Driver Insurance

Rummy77

New Member
Last week I was stopped and breathalysed I recorded 72 at the roadside and was taken to the station. There they attempted to get the breathlyser machine working so I could record a reading on that. After 5 minutes they said they couldn't get it to work and I would have to give blood.
They were very busy that evening and i noticed others being taken into the room where the machine was.
Question is : was it illegal to take my blood if the machine was working and that it was just the officer who didn't know how to operate it properly ?
 
The Police have the power take blood or urine where it is not practical to take a breath sample. If the breathyliser machine was not working properly or there were no suitably qualified police officers to operate it, then it is perfectly lawful for them to request a sample of blood or urine.

Having said that there is a very specific prescribed procedure that must be followed when blood samples are taken and it is worth seeking legal advice from a drink driving solicitor about whether the police followed the correct procedure in your case.

Call our national drink driving helpline for a free no-obligation chat with a specialist motoring lawyer on 08450020736.
 
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