waiting for the blood

[fukenidiot]

hey guys this is a great site, though most of us shouldnt be here from what im reading, its not making me feel any better about the situation im in but helps to hear a variety of stories.

unfortunately i was pulled after a taxi driver had driven into the side of my van, no damage on my van, smallest bump ive ever seen on his car. He was on his phone at the time of the collision, which is my arguement ive also requested cctv footage. he called the police by the time i had pulled over at an appropriate and safe point. police turned up and didnt seen interested in the bump untill the officer smelt alcohol on my breath. he even said that i may not have collided with the driver as there was no damage on my van. anyway blah blah i blew .44 at the side of the road and was arrested. back at the sation i blew .49 and then .45, then took the blood test. just wondering on my chances of passing the blood test as my last drink was around 9:30-9:45, the incident happened at 11pm and blood was drawn at 12:25am. i was polite respectful etc does this get mentioned in court?? also there is no mention of the accident happening on my bail letter just says ' 1 charge of being over the limit blah blah'
does this mean if it goes to court the accident will not be mentioned?? also realistically what are my chances of passing the blood test?? i didnt eat anything the whole evening which ive read could enhance the the break down of alcohol as your stomach has nothing else to process....im a first time offender with no criminal history clean liecense for 9years. im devastated embarressed etc my friends and family do know had to tell my parents as i work for the family business, they are understanding but also disappointed as its completely out of charachter for me to drink.
i had 2 cans and a bottle between 7 and 9:45 ish then an hour free. some feed back would be great just for peace of mind though i know im getting banned.

 

[The Village Idiot]

Hello,

First of all you will only get banned if your blood sample is over the limit, which is 80 mg per 100 mc. any less than 80 you will recieve a caution.

However, not many people have less than 80 in their blood once they decide to take it from you. Alcohol takes alot longer to leave the blood system. 1 unit per hour. Plus your body weight, and how much you usually drink may be an important factor in how fast your body burns off alcohol too.

Based on the information you have supplied, I would say you most likely had about seven units maximum in your blood when you stopped drinking. Depending on the strength of your drinks. It would have taken a hour to enter your system, and then not start to leave your system until an hour after your final drink. You stopped drinking at 9.45, got pulled at 11. Doctor, took blood after midnight, In my opinion you will probably come back over the 80 limit. And a ban will be imminent. Sorry, lets hope I am wrong.

You should have been given a sample of blood to take away with you to have analysed privately if you wished. Did the doctor/police offer you this? if so what did you do with it?

Regards,

TVI

 

[fukenidiot]

thanks for the reply tvi

i calculated with a drinks calculator that i had 6.5 units roughly so you were pretty right there, like i said though i had a completely empty stomach just liquid from the drink also i was urinating regulary during the couple i had prior to the time of the incident, im 5ft 10 and my weight is 76kgs. Also im not a heavey drinker (i can drink loads) but it doesnt happen that often because of my job. im hoping that the alcohol content in my blood is on its downward curve at the time of breathing .44. i was given a tube of blood and will be sending it off for analysis, another question is does this blood detiriorate once in the tube?? or kept for ex-amount of days?? thus giving a different reading from the station? Also is the independant analysis evidential in court?? or is the police readings the final say?

im a spray painter by trade and if it comes back as a fail what are the chances of me mitigating the products i use (on a daily basis) affecting the results as most of the paint i use have ethanol, ethanal and other variants of the same molecular structure which would appear as alcohol which in turn can affect or faulsify the blood reading. or am i clutching straws? i was not asked in the police station what i had been using that day at work etc... so could this stand up in court?? if i fail think im gona need a lawyer..

 

[The Village Idiot]

Hi Again,

One of the reason there is an allowance of 35 on the breath and 80 in the blood in this country, is to allow for people whose bodies generate a level of alcohol even if they don't drink it themselves. Things like mouthwash and other products contain alcohol etc etc and people like yourself who work in enviroments where alcohol based products may be in use. Because there is no way our bodies would ever reach this level without consuming some amount of alcohol, this why the legal limit will never be 0. It kind of makes sense and I never actually realised this until I did the course. So i think you maybe clutching at straws there, but we all did or do that when caught. I even thought because they spelt the name of the police station i was charged at, I could get off the offence. I was banned for a year and fined.

If you blood comes back under but the police's come back over the limit, It may be worth while speaking to a solicitor, this site offers free advice and to be honest i am not qualified to give any type of advice on blood so i wouldn't want to get your hopes up. But like I say have a wor
d with the solicitors on this website, if you have a question they are quite helpful.

Good Luck,

TVI

 

[fukenidiot]

well for any one who is interested i attended my bail date today. i was informed that my blood levels were 95 out of 100. quite shocked really that it was that high, i was hoping mid 70's, the strange thing is the officer kept me waiting for half an hour because my results werent in....then all of a sudden they appeared, i had in the days leading up to the date been phoning them trying to find out my results to no avail. Also find it strange that ive not heard back from the independant analysis yet, i got some chasing up to do, purely for peace of mind. looks like im getting banned.. just out of interest how come some people get 10points but no ban?? confussed, well next year of my life is fuked!!!
makes me sick as the cctv footage shows the taxi driver drifting into me, tho he was the one who called the police and claimed i caused the accident, 100% TNUC