First time offence

[DEVMAN]

Hi,

Last night I got stopped by the roadside, and was asked to provide a breath sample as Hertfordshire Police are 'working to clamp down on drink drivers'.

I blew 49 in the breathalyser, was arrested and taken to the station where I blew a 47 and 46. I was held for approximately an hour after this and gave a blood sample, and am required to return to the station in just over 5 weeks.


With the results being 'relatively low', are the chances of prosecution likely? Also, I didn't think the police could breathalyse you unless they suspected you of consuming alcohol? This wasn't said at the time, and I had fresh chewing gum in my mouth so I feel its unlikely he smelt it. The arresting officer later said at the station that he had suspected I'd consumed alcohol though. Please help!!

 

[SeanJoyceStephensons]

It is impossible to predict what your blood test will yield because there are a number of factors, unique to the way in which you metabolise alcohol, which are dependant on this.

In relation to your stop, officers frequently state that the manner of someone's driving was the reason for the stop even where it wasn't. Unless you can prove to the Court that the officer has acted in bad faith then the procedure at the road side is likely to be upheld in Court.

If you are charged, it is worth you contacting us in relation to getting some advice about your options. We have been able to argue against the admissibility of blood samples where there has been an error in the police procedure at the police station.

 

[signman]

If this helps as some sort of guide..........

I was stopped 2/10/09 and blew 47 at station, opted for blood and took my sample for independent analysis. It came back at 119 per 100 blood.

It only cost £45 which i was very surprised at as i thought it would prob cost in region of £100.

As the previous post states it does vary from person to person as to how fast your body gets rid of alcohol.

I had been drinking 4/5 pints 4.2% lager over about four and half hours and had eaten considerably.

Hope this helps somehow.