first time caught drink driving

Convicted Driver Insurance

pavdha

New Member
I was pulled over last night but not because there were any defects to my car or anything but the officers reason was because he was travelling on the other side of the road and saw a new bmw he automatically thought it was stolen (maybe because i was wearing a hoody and im also Asian). i was not speeding or doing anything illegal yet they turned on their lights from miles behind me and followed me till i stopped in a safe place. they the breathalysed me and i blew 59 at the road side, they then took me to the station and i blew into the machine and got 51 and 49 so they took the 49 reading they then offered to give me a blood test which i opted for and was half a hour before it was drawn. I am a school teacher and I had left valuables in my car so they took me back to my car half a hour later and breathalysed me again where i blew 29 and they said i was now ok to drive. I am now waiting for the blood test results and have no idea what will happen next and what to expect, could you please shed some light on my position?

many thanks in advance.
 
Everybody's physiology is different so it is impossible to say whether you will be over or under the limit with any precision. However due to the short period of time between the breathalyser test and the blood sample being provided I think it is more likely that your reading would still be over the limit.

Once you attend bail at the police station they will confirm whether your blood results come back over or under the limit. If they are under then you should be released without charge and that will be the end of it. However if your reading is over the limit then you will be charged and bailed to attend a hearing at the local Magistrates Court.

It can be worth instructing a solicitor to have a look over a case where a blood or urine sample has been taken as the police more often make mistakes with these than when a breath specimen has been provided. This is not to say that the police will have in fact made a mistake when taking the blood sample from you but you may wish to investigate this before deciding how to plead to the allegation. If you are interested in this you are welcome to contact my department on 0333 999 7158.
 
Hi Sean thanks for your reply

Having had a look at the paper work last night I was not right in my last message as it was about 50 or 55 mins after the blowing into the machine at the station that blood was then drawn. I am a school teacher and i commute to work from derby to Birmingham without my license i will simply be unable to work, is this something that could and would be considered in court? Also when you say the police could have made some mistakes im not to sure as the guy was quite thorough when doing the paper work. I am seriously in despair as this will not sit well with my head teacher either.
 
If it is close to an hour between the breath and blood specimens then there is more of a chance that the reading may be under the limit however it is still not possible to say with any degree of accuracy. The reliance you have on your licence will be relevant as mitigation if you plead guilty to the charge, however if convicted of drink driving then a disqualification is mandatory, regardless of the detrimental impact it may have.

With regards to the procedure, the requirements of both the police and medical professional are quite strict when taking a specimen of blood. For example the office must check that you are happy to provide the specimen of blood, however he must then make the request again when the medical professional is present as well. The medical professional must take 1 specimen of blood and then separate this into 2 different specimens and one of these must be offered to you so that you can have it independently analysed if you wish to. It can even be something as simple as the fact that the officer must be in uniform when making the request to provide the blood sample.

Again I am not saying that the police or medical professional will in fact have made a mistake but as it is less common for blood to be taken and the procedure itself is quite strict then it is often worth looking into.
 
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