PROCEDURE ISSUE

[Spaniard]

My boyfriend is due to court in the New Year. I have been researching the web and in the USA any burping, retching or vomiting can invalidate a breathalyser test if it is conducted 15-20 mins after occurring.
On this Forum there is also a woman that last year vomited prior to her test and her case was withdrawn.

I understand that vomiting/retching would make the reading very high due to the alcohol content in the mouth and would invalidate the test.

My boyfriend vomited just before the procedure, hence asking this question. Do you believe this is realistic? He is pleading not guilty for this reason.

Thanks

 

[SeanJoyceStephensons]

It may be the case that your boyfriends reading was inflated by the fact that he vomited before the breathalyser procedure. However the only way that you will be able to put this forward at Court with any chance of success is to have an expert prepare a report commenting on how this affected the reading, if at all. This is something that we have considerable experience with.

If you would like to discuss this further then please call my office on 0845 002 0736 and ask to speak to Alex