11mg difference between independent and police blood test.

[cricketer123]

Hi there,

I blew over the limit at the roadside and therefore was asked to provide either bloods or urine, I chose blood. I took a sample of my blood too, and had it independently tested as I did not want to wait (what has now been 10 weeks) for a definite answer whether I was over the limit or not. My bloods came back as 95mg, which I do take full responsibility for, but now I have been notified in a voluntary interview conducted today that the police bloods came back as 84mg.Does this big difference in results completely discredit the test itself... would I be able to defend that in court? I have been doing some research online and haven't come across anything that has this bigger difference. It was also incredibly hot at the time, so would I be able t argue that procedure wasn't followed with storing the bloods from the police and that was the cause for the discrepancy?

Alternatively should I keep my mouth shut about the 95mg test as this is worse for me than an 85mg reading?

Please let me know guys.

Thanks.

 

[SeanJoyceStephensons]

The problem you face is that your own reading is higher than the police's, and both have come back indicating that you were over the limit. There is also a margin of error allowed in different readings that have ben provided. For example in breath readings as long as there is less than 15% difference between the two breath specimens then they are considered to be acceptable. If you were to apply the same margin of error to the blood results then they would fall within the acceptable range.

I cannot say whether the police's specimen has been correctly tested, or whether there may have been some errors that have lead to the discrepancy between the two specimens. If this is something that you wanted to investigate further you would need to enter a not guilty plea at the hearing and request additional information from the prosecution regarding the tests that were carried out to ascertain what the blood/alcohol reading was.