41 and 43 at police station. Charged with drink driving. Court in 2 days.

[jroj]

Hello. A member of the public reported me and police were waiting near my address, I was breathalysed roadside near my home. Failed. Blew 41 and 43 at the police station. Cooperated fully and was polite. Released quickly. I was advised not to have a blood test which I am now regretting as it may have come out lower and within limits. Especially since my result was 41 as lowest reading.

Below 40 and it would have been ok. I am 32, have a wife and 8 month old dependents. I am builder/property manager and simply cannot work without a licence.
I was using my commercial pick up truck at the time.

I was not driving dangerously, nor was I a threat to others as traffic was low. First offence. Clean licence for 10 years. Please advise on my chances of not getting a ban. I need my licence. 41ug and 43ug. If I was over 45 even I would accept the ban but this is too close and i was advised a blood test is not worth it by the police.

In 2 days I have to go to court. This all occurred yesterday, theyre doing things quick because of Christmas etc.

 

[SeanJoyceStephensons]

If convicted then a driving ban is unavoidable in the absence of special reasons.

A specialist drink driving lawyer could look at the evidence and see whether the police did everything properly and followed procedures, etc they can tell you whether you have a defence or can take issue with the case against you and whether you have any reasonable prospect of avoiding a conviction.

To do this they would have to get a copy of the evidence from the crown prosecution service, in particular the MDDA questionnaire and custody record which documents the procedures followed at the police station.

Without sight of the evidence it's not possible to give any more detail advice, I'm afraid.

 

[jroj]

The below is from cps website...

When, in the circumstances set out at section 8(2), a driver may choose to replace a breath specimen by supplying a laboratory sample,

The officer should inform the driver of the nature of the option open to him and what will be involved if he exercises it;
•he must inform the driver that the specimen of breath which he has given containing the lower proportion of alcohol exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath;
•he should inform the driver that in the circumstances he is entitled to claim to have this specimen replaced by a specimen of blood or urine if he wishes; but that, if he does so, it will be for the constable to decide whether the replacement specimen is to be of blood or urine and that if the officer requires a sample of blood, it will be taken by a doctor unless the doctor considers that there are medical reasons for taking blood, when urine may be given instead;
•he should ask the driver if there are any medical reasons why a sample of blood cannot or should not be taken from him by a doctor.

In relation to the taking of a laboratory sample in either of the above circumstances you must check that the officer has covered each of these points. The second is mandatory, so if the officer has failed to inform the driver of it he will be acquitted of the relevant allegation. It should thus be discontinued for lack of sufficient evidence. If any of the other points have been omitted the test is whether that omission deprived the driver of the opportunity to exercise the option, or caused him to exercise it in a way which he would not have done if that omission had not occurred. If the answer is in the negative then the omission by the officer should not be a reason for an acquittal




I was not offered the blood test being between 40-50ug on machine. I would have taken it. Please advise.

 

[SeanJoyceStephensons]

The right of a motorist under investigation for driving with excess alcohol to replace their breath specimen with a specimen of blood or urine (when their breath specimen contained a blood alcohol level of 36 to 50mg) was abolished on 10th April 2015 following a change in the law. It would seem that the information on the CPS website is out of date.

Now that the "statutory option" has been abolished, a motorist who provides a sample of breath will be charged on the basis of the breath reading alone, regardless of the level of alcohol in their system.
There are still circumstances where a person could provide a blood or urine specimen, if:

1. A police officer believes that for medical reasons, a specimen of breath cannot be taken
2. A reliable breath testing device is unavailable
3. The reading appears to the police officer to be unreliable