Blew 43, to bloods, scared

Convicted Driver Insurance

iidiot

Member
I got pulled over on Thursday night at around 00:15 I'm not really sure when my last drink was but I'm estimating at around 00:00, I estimate I had around 6 pints.

I failed the road side test and was taken to the station where I blew 45 then 43 at 1 am, does that indicate it was going down? As it was not too far over 39 where they would have let me off I asked for a blood test, hoping it may delay further and for more alcohol leaving my system, it was about 20-30 mins after my breath test when my blood was taken, what are my chances I could be under? I'm 6'2" and about 13.5 stone I also hadn't eaten for 7 hours.

Another thing that is confusing me is they said the pulled me over for excessive speed but they were only following for less than a quarter of a mile less than that possibly, I don't think this is being included in the charge but I'm not sure? I was too devastated really to take it all in at the time, I feel so terrible.
 
Hi,

If it's any consolation I blew the same 45 then 43, had my bloods taken around 30 minutes later. I had my independent sample tested it came back 90mg in blood. I was told the police deduct 6mg, so was expecting it to come back at 84mg. The police came back at 86mg (which is in the range) which I am being charged for. The difference here is I am 5ft 2 and weight 8.5st. So you have every chance, although prepare for the worse. I would have your own sample tested, c£140 but worth it because you will then be fully aware when you answer bail and you then have the time to prepare. My Court date was 10 days after bail.

Good luck.
 
Thanks for the reply, is it fact that the police deduct 6mg? I suppose I have a chance but as you say I'm preparing for the worst, just out of interest, what was your punishment?
 
iidiot said:
Thanks for the reply, is it fact that the police deduct 6mg? I suppose I have a chance but as you say I'm preparing for the worst, just out of interest, what was your punishment?
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I will post the outcome, due in court this Wednesday. Representing myself on the basis of no aggravating factors, have had my mitigating statement looked over and by the wonderful Mr Price, feel confident with the contents and hoping for minimum 12 months with drink drive course reducing it to 9 months. That's the best case scenario!! It is a fact that they reduce by 6mg if I'm right in saying they test the sample 3 times then take an average then deduct 6 mg. You may be alright, fingers crossed. Get yours sent off asap, it is worth the money and relieves the stress of waiting for police one. Also if their is any anomaly in the police test it could help in your defence. Good luck.
 
dp390 said:
I will post the outcome, due in court this Wednesday. Representing myself on the basis of no aggravating factors, have had my mitigating statement looked over and by the wonderful Mr Price, feel confident with the contents and hoping for minimum 12 months with drink drive course reducing it to 9 months. That's the best case scenario!! It is a fact that they reduce by 6mg if I'm right in saying they test the sample 3 times then take an average then deduct 6 mg. You may be alright, fingers crossed. Get yours sent off asap, it is worth the money and relieves the stress of waiting for police one. Also if their is any anomaly in the police test it could help in your defence. Good luck.
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Also, do not inform your insurance company of pending drink drive, I did like a Muppet, I was asking what if questions and they cancelled my insurance giving me 6 hours.
 
dp390 said:
Also, do not inform your insurance company of pending drink drive, I did like a Muppet, I was asking what if questions and they cancelled my insurance giving me 6 hours.
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Not necessarily directed at the OP but in general to everyone.

Check the small print on your insurance before you take this advice.

Every insurer has their own terms and conditions. You may or may not be obliged to report an arrest or charge.

The last thing you need now is to be involved in an accident only to be told your insurance is invalid because you didn't inform them which is 6 points and a fine, not including any further charges that may arise.

There is no grey area with insurance and the law, you are either insured or you are not.
 
ukboxer said:
Not necessarily directed at the OP but in general to everyone.

Check the small print on your insurance before you take this advice.

There is no grey area with insurance and the law, you are either insured or you are not.
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Good advice indeed ukboxer. So many people find themselves in bother over insurance and think they can get out of it by playing the "I didn't know" card.
So for the benefit of everyone, the "I didn't know" card is missing from your deck if you're stopped or involved in an accident, even if the accident isn't your fault.
It is ALWAYS, ALWAYS ALWAYS better to check with your insurer to make sure you're covered.
You might not like what they tell you but at least you'll know where you stand.
 
I agree to the responses posted with respect to insurance, best to err on side of caution. However, I thought we lived in a society 'innocent until proven guilty'. In my case I hadn't been charged at that point. Incidentally, I am not awfully sure how an insurance company would know about a pending potential drink drive charge unless of course one tells them. The problem I am facing is not only will I be receiving a DR10 on my licence but now I will have to inform insurance companies of me having had an insurance policy cancelled. I think it would be wise if there is small print regarding pending drink drive issue, I would cancel the policy without stating why avoiding thus avoiding insurance company cancelling on you!!!!
 
dp390 said:
I agree to the responses posted with respect to insurance, best to err on side of caution. However, I thought we lived in a society 'innocent until proven guilty'. In my case I hadn't been charged at that point. Incidentally, I am not awfully sure how an insurance company would know about a pending potential drink drive charge unless of course one tells them. The problem I am facing is not only will I be receiving a DR10 on my licence but now I will have to inform insurance companies of me having had an insurance policy cancelled. I think it would be wise if there is small print regarding pending drink drive issue, I would cancel the policy without stating why avoiding thus avoiding insurance company cancelling on you!!!!
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I completely agree with you. Sadly, insurance companies will look for any and every excuse to cancel a policy. In the event of an RTA it may be disclosed to the insurance company about a pending drink drive charge, how or why is anyones guess. Point is, if that insurance is subsequently voided, you are pretty much screwed.

Having said that, should someone choose not to inform their insurance company about a pending drink drive charge (when their policy states they should) then that is entirely their choice and risk. As stated ignorance is no defence so if it goes pear shaped......well, its your own fault. Unless something actually happened it is unlikely they will just find out but the advice should always be to comply your insurance policy i.e terms and conditions.
 
dp390 said:
I thought we lived in a society 'innocent until proven guilty'
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We do. Most of the time, but insurance matters seem to have a different set of rules. I agree with your point about simply not telling them but then you have to deal with that lingering thing in the back of your mind that says you might be insured and you might not, or you're almost insured but not quite there.
It seems harsh that an insurer will bin your policy before being convicted of any offence. I wonder would they rescind the cancellation if you were to get off the charge?
You're right dp390, it definitely doesn't seem fair and I see your point very clearly but if they have those rules in place then it's better that people know them. A look at the policy will usually let people know if this clause is included and then it's a matter of conscience for each individual. But then the inevitable question comes up.......how would you feel if another driver injured (or worse!) a relative or friend of yours and it later transpired that he knew he wasn't insured for exactly the same reason that your insurance was cancelled?
 
chris125 said:
We do. Most of the time, but insurance matters seem to have a different set of rules. I agree with your point about simply not telling them but then you have to deal with that lingering thing in the back of your mind that says you might be insured and you might not, or you're almost insured but not quite there.
It seems harsh that an insurer will bin your policy before being convicted of any offence. I wonder would they rescind the cancellation if you were to get off the charge?
You're right dp390, it definitely doesn't seem fair and I see your point very clearly but if they have those rules in place then it's better that people know them. A look at the policy will usually let people know if this clause is included and then it's a matter of conscience for each individual. But then the inevitable question comes up.......how would you feel if another driver injured (or worse!) a relative or friend of yours and it later transpired that he knew he wasn't insured for exactly the same reason that your insurance was cancelled?
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I take your point. I couldn't find anywhere in my insurance terms and conditions regarding 'pending drink drive' clauses. Spoke with the insurance company today who admitted they made a mistake and that they shouldn't have cancelled my policy, a term the agent used was, 'innocent until proven guilty'. However, it's all academic, although they have removed the status of 'cancelled insurance' from me. So with my DR10 'pending' until tomorrow - in Court, when I re-apply for insurance hopefully in 9 months time (best scenario) then the only information I need offer is DR10 and not Cancelled as well. And to add, I very much doubt that there is a clause in many insurance terms and conditions a clause stating 'cancellation of policy with pending drink drive', as in my case, but it would be pertinent to check. Amen
 
iidiot said:
I got pulled over on Thursday night at around 00:15 I'm not really sure when my last drink was but I'm estimating at around 00:00, I estimate I had around 6 pints.

I failed the road side test and was taken to the station where I blew 45 then 43 at 1 am, does that indicate it was going down? As it was not too far over 39 where they would have let me off I asked for a blood test, hoping it may delay further and for more alcohol leaving my system, it was about 20-30 mins after my breath test when my blood was taken, what are my chances I could be under? I'm 6'2" and about 13.5 stone I also hadn't eaten for 7 hours.

Another thing that is confusing me is they said the pulled me over for excessive speed but they were only following for less than a quarter of a mile less than that possibly, I don't think this is being included in the charge but I'm not sure? I was too devastated really to take it all in at the time, I feel so terrible.
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Have you have your sample independently tested as yet???
 
Hi, sorry for late reply I've been a bit busy, yes I have I actually sent my own sample off the day after I got pulled over, I'm praying, but as you say I'm preparing for the worst.
 
Well somehow my blood sample came back as 102 milligrams per 100, what kind of punishment am I looking at for that?
 
iidiot said:
Well somehow my blood sample came back as 102 milligrams per 100, what kind of punishment am I looking at for that?
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Oh dear, bad news, I really thought you had a chance, your levels must have been on the increase. On a positive note at least you can now prepare yourself for bail knowing what to expect. Looking at the sentencing guidelines you're looking at 12-16 months Band Fine C and if offered a drink drive awareness course it can be reduced by 25%. Look at it as an enforced fitness plan and the weather is improving daily every cloud...

Price would be the best one to advise you though, I think he has a PhD in this department.
 
Dp390 is correct about the likely outcome.
102 in blood is about 27% above the legal limit.
your reading on breath, at 43, was about 23% over. You cannot compare it to the 39 level at which the police usually take NFA, you have to compare it to the legal limit....35.
if the 102 is your reading, you can expect the police one to come back as about 96, which is 20% over, so all much of a muchness.
There was only a small delay between your breath samples and your blood sample. Where your reading will go during that time can vary, according to when you last ate, and if your body has reached what is called 'Equilibrium' - where the alcohol in your system has balanced the alcohol coming in with the alcohol that the body is capable of eliminating. At this point, the alcohol levels can stay the same for a little while, before starting to fall.
On that basis, you would have needed to do the blood sample an hour later than you did to get away with it.
 
So as you have both said, more than likely it will be a 12 month ban and considering it is my first offence will I be offered the rehabilitation course?

Also with they take my blood sample as evidence in the court or my breath result, or both?

I'm really worried in general I'm a bit of a pessimist and I'm expecting a really harsh punishment, how likely is that it will be more than a 12 month ban? or worse such as community service etc.?
 
I can see you are worried,..... posting your reply at 4.40am!
the reading that will be used in court is your blood reading.
The range for that reading is 12 - 16 months, and the court will take into account the circumstances, the time of the offence and what you have to say about what you did.
The police say they saw you speeding. They will not charge you with that as well, they formed the impression that you were speeding which is why they stopped you, and that gives them the power to require a breath test. As you are over the limit, they will not bother with the speeding as you are going to be banned anyway.
Turn up at court, smartly dressed and offer apologies for your lapse in your normally good driving. DO NOT say that you asked for a blood test hoping to get away with it! Tell the court what effect a ban will have on your family mainly, and partially you.... They prefer to hear the problems others will have, as you brought this on yourself and should not ask for sympathy for you so much..... ASK if you can do a Drink Drive Rehabilitation course. The courts usually offer one, but ask to be on the safe side.
hopefully the outcome of the above will be a 12 month ban, with a 3 month reduction for the course. I am sure you will not get community service.
 
I have to get up very early for work although I am worried!
So what I said to the police at the time when they asked what I'd been doing and how much I drank will be brought up in the court? Can I get character references off anyone? say a work colleague or does it have to be someone of a "high" position?

Thanks for your information and advice.
 
They will read a summary of the offence out in court (CPS do this) it may include what you said you had been drinking. If you said anything about where you had been that might be..... sort of embarrassing, then it can be worth asking the CPS person if he would mind leaving that out, as it is not material to the case. Once it has been read out, if the press are present, then it could be in the local newspaper.
references can help, not off a work colleague, but someone in authority.
 
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