Blew 90 on breathalyser. Blood test 2 hours later. Blood test results pending.

Convicted Driver Insurance

andreapen1

New Member
Hi got breathalysed at a house after driving. My result was 90= three times over the drink driving limit. My defence is post incident drinking. Later TWO HOURS LATER, I had a blood test. The police said I would be ok if my blood test is high but surely with a two hour gap my levels would be coming down anyway as it is dependent on many variables. Also I cannot be exactly sure how much I drank as I poured a random of vodka into a flask type container. During my statement the police were very intimidating regarding how much I drank and at what time basically putting words into my mouth. But how can I be sure how much I drank as I didn't obtain the alcohol from an optic and the drinks container was not callibrated. And I certainly wasn't looking at the clock. What is the likely hood of my blood test being below the legal limit and then them charging me because my post incident drinking defence wouldn't stand
?. Or would itstill be rising? Does anyone know how long a period alcohol levels continue to rise for? Has anyone been in this situation before? If so what happened?

Also the police never saw me driving but are aware that I drove to the destination. Any advice would be greatly appreciated.
Thanks. And good luck to everyone else facing this terrible charge.
 
Hi got breathalysed at a house after driving. My result was 90= three times over the drink driving limit. My defence is post incident drinking. Later TWO HOURS LATER, I had a blood test. The police said I would be ok if my blood test is high but surely with a two hour gap my levels would be coming down anyway as it is dependent on many variables. Also I cannot be exactly sure how much I drank as I poured a random of vodka into a flask type container. During my statement the police were very intimidating regarding how much I drank and at what time basically putting words into my mouth. But how can I be sure how much I drank as I didn't obtain the alcohol from an optic and the drinks container was not callibrated. And I certainly wasn't looking at the clock. What is the likely hood of my blood test being below the legal limit and then them charging me because my post incident drinking defence wouldn't stand
?. Or would itstill be rising? Does anyone know how long a period alcohol levels continue to rise for? Has anyone been in this situation before? If so what happened?

Also the police never saw me driving but are aware that I drove to the destination. Any advice would be greatly appreciated.
Thanks. And good luck to everyone else facing this terrible charge.


Oh dear, so many issues in one situation!!!!
The police did not see you driving, but are aware that you drove:
I take it that you have admitted that you drove, was that when detained, at the custody desk or during an interview? That would be recorded in different ways according to where you were.

You drank at home:
It used to be that if you had a drink after driving, you could not be breath tested. Now you can, and it is up to YOU to satisfy the court that you had consumed alcohol... AND that the amount that you had put you over the legal limit. It is your defence, all the Police have to show that you were the driver of a motor vehicle, they had grounds to require a breath test and you were over the limit when tested. You don't say why they came to the house. Was it after an accident?
You will have difficulty in satisfying the court about what you drank, because you say that you don't know.

Two hours later you had a blood test:
Why was that? I am thinking that the police asked you to provide a sample to test your claim that you had consumed alcohol post incident.
In simple terms, if you had consumed alcohol earlier in the day, and NOT after the incident, it would be expected that your reading of 90 on the breath test could produce a reading of about 150 to 170 in a blood sample 2 hours later (legal limit for blood is 80)
If you had recently consumed alcohol, as in post incident, your reading would be a lot higher, depending on how much you had consumed. You are in the odd situation where the higher your blood reading, the more it supports your claim to have drunk alcohol after the incident.

You don't say how long after the 'incident' the police arrived at the door. The shorter the time, the less credible it would be that you have gone from a reading of 34 (just under the legal limit when driving) to 90. That is the equal to about 5 units for a woman or 8 units for a man. (you don't say which you are)

If the 'incident' was serious, then the police may have made enquiries about where you were before it happened, and questioned people about what you drank before you drove.

I have tried to give you some broad ideas as to the issues, in reply to your query about the blood sample.... NO, it will not come back under the legal limit, so you will have to see what the reading is, and if it will help or hinder your technical defence.

I would advise that you talk to a solicitor about the case, and have them attend when you go back for the results, in case they plan to interview you.
If you cannot afford a solicitor, you should ask for the duty solicitor when you get there.

There is case law on this type of defence, but is is not for the faint hearted, nor will you get clued up by reading the Readers Digest guide to the law. If you do go it alone, write to the Police giving your details and request a copy of your custody record. You can do this anytime up to 12 months after you have been detained. It helps to read what they recorded about you. If there was an interview, ask for a copy of the tape recording and also request a copy of the custody video relating to your detention. This has to be requested quite quickly, as many forces recycle the tapes after 28 days unless there is a request, or a complaint.
 
Hey thankyou for your very informative post.
I am female and had not eaten that day or hardly eaten normally for approx 6 weeks. I have anorexic tendencies when stressed. I am five foot seven and was weighing seven stone 12lbs.

There was no accident, no incident. There was an arguement at the destination where my children were. I wanted to stay to wake up for my daughters birthday. I refused to leave. My so called mother in law called the police and said I was drunk.

The police arrived at least an hour and a half after I had arrived although I think it was more although there were statements made against this.
wom
I was drinking there, my solicitor asked for the cup to be taken, where the following day it was found to have alcohol in. The police were contacted. They did not collect the cup or the other alcohol involved.

I admitted I drove there, but had not drove over the limit.
I think I amf***** but I am determined to fight this!


I am a very independent woman, a professional, a mum of three, live out in the sticks. And cannot let this happen!

Many thanksx
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top