Please help - advice needed

Convicted Driver Insurance

badtime

Member
Hi,

I am ashamed of what I have done and I regret it but I have been caught driving under the influence of alcohol sunday morning (roughly 3.00 am). I had a couple of cans (pint size) and a couple bottle of lagers at my friends place and after not feeling too great about sleeping in the couch i decided to drive off. I was caught by the police from my driveway and I admitted drinking alcohol. I truly regret what I have done and I am thinking of giving up alcohol let alone drink and drive again.

Police took me to the police station and they stated that I was driving cautiously slow at under 10 miles and hour which is not true apart from when I actually parked the car in the driveway which will have been that speed understandably. However under the circumstances of how i was tested, I blew a few times in the breath analyser but it returned as 'mouth alcohol' 'unsatisfactory specimen' (it was a camic datamaster). However, there is a line on the same print out which says simulator check 1 :34 micrograms/100ml. Does it mean that the reading was 34 or does it mean it was just the machine checking itself? I was at one point accused of not blowing when I certainly was. Nonetheless the office in charge put me in a cell and then i passed urine once drank a little water from the wash basin. I later wanted to drink more water and wanted to use the urinal but wasn't offered any more water. I slept in the cell till they woke me up and took a blood test at around 7.50am. I chose to take a sample for independent testing. My question is from the above account has there been any wrong doing by the police? I really would not like to be charged if I wasn't above limit and if they took a blood sample when the breath analyser couldn't collect a satisfactory sample. Can you please advice if there has been any incorrect procedures followed from the above account and do I stand a chance in defence? I am planning to send my blood sample to an RTA authorised forensic lab. Your help will be much appreciated
 
Whilst it certainly sounds as though there were issues with the intoxalyser, because the police have then proceeded to take a blood test it appears they have followed the required procedure. As there has been a significant delay in obtaining the blood sample from you it may be that your reading was below the legal limit, however the only way to know for certain would be to have your own sample tested as you suggest. Even if this is that case it may be that the police decide to instruct an expert to carry out a BAC calculation to assess what you alcohol levels would have been at the time of driving. You may wish to contact the police station that dealt with the matter to request that they do not overwrite/destroy the CCTV footage of your time in custody as it could be relevant if you wish to raise a technical defence.
 
Whilst it certainly sounds as though there were issues with the intoxalyser, because the police have then proceeded to take a blood test it appears they have followed the required procedure. As there has been a significant delay in obtaining the blood sample from you it may be that your reading was below the legal limit, however the only way to know for certain would be to have your own sample tested as you suggest. Even if this is that case it may be that the police decide to instruct an expert to carry out a BAC calculation to assess what you alcohol levels would have been at the time of driving. You may wish to contact the police station that dealt with the matter to request that they do not overwrite/destroy the CCTV footage of your time in custody as it could be relevant if you wish to raise a technical defence.

Thanks a lot for your advice. I have already sent my sample away to be independently tested. I will act accordingly once the results are back.
 
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