Confused about article which states blood sample limit can be 86

[John24]

Hi, I’m sorry if you have seen me asking a similar question but after a few days no one has replied, I’m still confused about an article in Evidential Blood Urine Samples which reads

Although the maximum legal prescribed limit is 80mg of alcohol per 100ml of blood, in practice those drivers whose blood alcohol level falls below 86mg per 100ml of blood are usually not prosecuted. This is because the police forensic blood specimen analysis procedure produces a series of results using gas chromatography. These results must fall within 3 standard deviations (or 6% of each other, they are then averaged before 6% or 6mg whichever the greater is deducted from the final result. The same reduction is used for urine specimens.

Is this just wishful thinking because most people on the forum appear to be definitely charged over 80, I think my result will be borderline so I would be very grateful of other members experiences and advice.

Thank you

John

 

[Forum Moderator]

Hi, I’m sorry if you have seen me asking a similar question but after a few days no one has replied, I’m still confused about an article in Evidential Blood Urine Samples which reads

Although the maximum legal prescribed limit is 80mg of alcohol per 100ml of blood, in practice those drivers whose blood alcohol level falls below 86mg per 100ml of blood are usually not prosecuted. This is because the police forensic blood specimen analysis procedure produces a series of results using gas chromatography. These results must fall within 3 standard deviations (or 6% of each other, they are then averaged before 6% or 6mg whichever the greater is deducted from the final result. The same reduction is used for urine specimens.

Is this just wishful thinking because most people on the forum appear to be definitely charged over 80, I think my result will be borderline so I would be very grateful of other members experiences and advice.

Thank you

John

Blood alcohol results are returned after the process you mentioned above has been applied and if they show that a person exceeded the legal limit of 80mg/100ml blood (after all calculations/deductions have been applied), they will be charged. This is to ensure that people who are charged are undeniably over the legal limit.

The results are reported as being not less than Xmg/100ml of blood.

 

[John24]

Thank you very much for your reply, very much appreciated.

I’m still a little unsure what the calculations/deductions might be involved, although I should imagine time is a factor.

Thanks John

 

[narquatic]

hi mate,

just want to find out did you get your results? what was the outcome?

i tell you a bit about my story too;

Hi,

I was stopped last night around 3am by the police. They did a breath test at the scene and it said failed. They took me to the station at 3:20am they did the machine breath test and it was 42.

Told me i would only be allowed to go if i had 39 or below. I been asked whether i want a blood test and i accepted it. At around 4:45am the doctor did the blood test(so thats about 1 hour 20 minutes later).

After 5-10 minutes blood sample was taken the officer did another breath test to see if i am ok to drive home. The breath test then came out 32, and they bailed me out.

 

[John24]

Hi narquatic

I really feel for someone like you on the borderline, probably trying to gauge ya drink and genuinely just got it wrong.

My night was a list of errors, had two pints on and empty stomach and a friend thought it would be a good idea to top my pint up with a spirit without my knowledge, pulled over and blew 37 at curb side, then blew 39 and 45 at the Police station, but unlike you I was told 35 was the limit, (technically it is but only 40 above is chargeable), and I was told my results were too far apart and could not be used, then I was made to have the blood test. I go in to get my results 2 Nov 2011, tomorrow, but as my own blood results have come back 89 I’m pretty sure I’m gonna be charged, I’m furious my 39 breath result was not used, by the way any advice on my ordeal from other members would be much appreciated.

My personal view is the blood test is technically accurate but in truth a very hit and miss affair, and depends on height, weight, how much you ate, how quick your body absorbs alcohol, time etc, in my case this all went against me cos I’m short and thin, I don’t want to build ya hopes up but I think you may pass the blood test if you blew 32 around the same time ya blood test was taken, mind you they can back calculate. 80 is the known limit for blood but 6 points are taken off your reading for any error so this will also help you. If you got your own sample and can afford to do so get in analysed and it may help put you out of your misery, mine cost £90 at Bournemouth Hospital and got a phone call three days later with result. I have read that if your blood sample is okay the Police usually phone early to say no further action will be taken but saying that you will still probably have to wait about six weeks for your blood to be analysed.

Good luck my friend

John

 

[narquatic]

Thanks for the reply bro. Keep your hopes up mate might be different from your test. Im about 5ft10(1.79cm) and i weight 90kg. So mAybe weight might help for the first time.

Let me know what happens keeping fingers crossed for u.