Caught DD Didnt Blow Into Machine Admitted to hospital

[rtan1]

Hi

On Thursday night I was arrested on the roadside for failing a roadside test. It did not give a reading it just said failed. I was then taken to custody where I suffered an asthma attack and was admitted to hospital. After 4 hours I was released and given a clean bill of health and signed 3 pieces of paper to show I was fit and well. Once back in custody the Sergent didnt know what the procedure was and they were going to put me on the evidential breathe machine but instead they took a blood sample. I am waiting the results.

I was told that once I am released form hospital they have to start the process again and by law use the breathe machine. Is this true?

Thanks
Ryan

 

[Forum Moderator]

Hi

On Thursday night I was arrested on the roadside for failing a roadside test. It did not give a reading it just said failed. I was then taken to custody where I suffered an asthma attack and was admitted to hospital. After 4 hours I was released and given a clean bill of health and signed 3 pieces of paper to show I was fit and well. Once back in custody the Sergent didnt know what the procedure was and they were going to put me on the evidential breathe machine but instead they took a blood sample. I am waiting the results.

I was told that once I am released form hospital they have to start the process again and by law use the breathe machine. Is this true?

Thanks
Ryan

If a police officer has reasonable cause to believe there are medical reasons why a specimen of breath should not be taken then they are entitled to request an alternative specimen of either blood or urine. As you suffered an asthma attack while in custody which resulted in you been taken to hospital then this will be why you were required to supply a blood specimen as opposed to a breath specimen.

There is little you can do but wait for your blood test results from the police in order to find out if you will be charged with an offence. If you have a part of the blood sample that was taken you could have it independently analysed.

If you are charged with an offence then I would suggest contacting a solicitor who can examine all the evidence and ensure correct procedure has been followed and advise you further. Let us know how you get on.