Breath test 50. Took blood test but not given sample - please help

[Stupidboy]

Hi would really appreciate anyones help. Firstly I have been an idiot and am very sorry for what I've done, but if possible would rather not pay for it with not being able to drive.

I am a 36 year old bloke, 5'7" I'm a regular drinker (from home) around 4 pints per night. I am stocky and a little over weight, but not fat (not sure if you need this info to give me a steer)

Here is my story -

I went out last Thursday at 18.30 and drank just over 6 pints. My last drink was finished at 23.15 and I had about an hours break. Here is the timetable

18.30 - 1 pint
18.45 - 1 pint and large meal
19.10 - half pint
20.15 - 1 pint
21.00 - 1 pint
21.45 - 1 pint
22.45 - 1 pint

Like I said my last drink I finished at 23.15pm. I was stopped and breathalised at 23.30 (I know now I should have said I had drunk in the last 20 mins) at 23.35 I was arrested on suspiscion of drink driving (it was a random stop) at 00.40 I gave two breath samples at the police station. The first was 50 and the second was 51. I was offered a blood test, which I took and blood was taken around an hour later at 01.40. I was told at the time I could have one of the samples, I said I would like to take one and have it analysed myself. I also asked where I could have this done and was told I would be given a list of agents I could use. When I was released I was not given the sample and completely forgot to ask for it. The following day I called the police station and spoke to someone in custody. I said I had not been given it and asked if it needed to be refrigerated and was told 'no they don't need to be kept cold, in fact they are both still sitting in your tray.

The questions I have are this

1) What are the chances of the blood test coming back under 80
2) Is there a defence that proceedures were broken by them not giving me my sample and if so how strong is this defence.
3) If I do get charged what is my likely punishement (I have no prior convictions for anything like this, but I do have 6 points from 2 speeding tickets - sp30's a couple of years ago)

I am desperate to put myself out of the misery of waiting 6 weeks, but don't want to go and get my sample and have it tested in a few days if I am going to rely on not having received it in my defence.

Thanks so so much if anyone can advise me.

Bobby.

 

[Daft Mistake]

Drinking 6 1/2 pints and getting straight behind the wheel of a car!!

Just be grateful you are not looking at chokey for killing or injuring someone.

Take the hit and learn from it.

DM

 

[Forum Moderator]

1) What are the chances of the blood test coming back under 80

It is impossible to predict with any degree of accuracy. The only thing you can do is wait for the results.

2) Is there a defence that proceedures were broken by them not giving me my sample and if so how strong is this defence.

You would need to take advice from a criminal defence drink driving solicitor who would be able to examine all available evidence and advise you if there is any possible defence worth pursuing and the best way to proceed.

3) If I do get charged what is my likely punishement (I have no prior convictions for anything like this, but I do have 6 points from 2 speeding tickets - sp30's a couple of years ago)

The exact sentence you receive will largley depend on the level of alcohol shown in your blood test results. Based on the information you provided it is likely that if the results prove that you were over the legal limit then you would fall into the lower sentencing bracket. If this proves to be the case then you would be looking at a band c fine and a disqualification from driving for 12 - 16 months for a first offence. The majority of first time offenders are usually given the chance to take the drink driving rehabilitation course which, once completed, can reduce any period of disqualification imposed by up to 25%.

You may find our guide to appearing at magistrates court for drink driving offences useful if you are to appear at court for a drink driving offence.

 

[BT_Boy]

Drinking 6 1/2 pints and getting straight behind the wheel of a car!!

Just be grateful you are not looking at chokey for killing or injuring someone.

Take the hit and learn from it.

DM

Im sure that he came to this site asking for help?

Anyway, You'd be lucky in my opinion to come in under. Alcohol content rises to begin with and then slowly decreases. Do get it privately tested though.
Let us know how you get on.

Cheers,

 

[Stupidboy]

Hi I would get it privately tested but despite asking for it some hours before leaving the police station they did not give it to me when I left and I forgot to ask for it. I have since called and it is no longer availiable i am being told. Any suggestions would be great. Thanks Bobby.