Failing to provide a blood sample?

[dvb723]

Has anyone been put in the situation when unconscious taken to hospital and blood has been taken from you and now the police are asking for the sample and refused?

Only reason why ... I believe I was over the limit and i'm considering saying no for my blood to be analysed. I feel the book will be thrown at me due to other people were injured.

As much as I've shown remorse this is out of character for me with no previous record, no points on licence and never been in trouble with the police.

Help?

 

[price1367]

I replied to this in another post you opened.
if you believe you may be over 2.5 times the legal limit then there could be merit in tactically deciding that you would be better off not giving consent to the sample being analysed. If you think you are lower that 2.5 times over, refusing consent elevated you into the high risk offender bracket and you will have to do a medical before getting your licence back. What makes you think they will not "throw the book at you" for refusing to allow the sample to be analysed after an injury collision? If you are over, you can say that you were not in a fit state to judge if you should drive or not. (Not an excuse but a reason) In the cold light of day, if you blatantly refuse permission for the sample to be analysed, how would you explain that decision to the court? I think that is more likely to be taken seriously by the court than a misjudgement after a few drinks......
Insrrance companies also take a dimmer view of failing to provide when assessing the premiums after your ban is up.

 

[dvb723]

I replied to this in another post you opened.
if you believe you may be over 2.5 times the legal limit then there could be merit in tactically deciding that you would be better off not giving consent to the sample being analysed. If you think you are lower that 2.5 times over, refusing consent elevated you into the high risk offender bracket and you will have to do a medical before getting your licence back. What makes you think they will not "throw the book at you" for refusing to allow the sample to be analysed after an injury collision? If you are over, you can say that you were not in a fit state to judge if you should drive or not. (Not an excuse but a reason) In the cold light of day, if you blatantly refuse permission for the sample to be analysed, how would you explain that decision to the court? I think that is more likely to be taken seriously by the court than a misjudgement after a few drinks......
Insrrance companies also take a dimmer view of failing to provide when assessing the premiums after your ban is up.

This is the thing ... I could be over 2.5. Speaking to solicitors they can't tell me to say no as it's committing an offence.

I'm also looking at the positives to say no as well like financially with my insurance as they won't pay out if over the limit

I don't know what to do :-(

 

[price1367]

If your insurance company will not pay out if you are over the limit, I am sure they will not pay out if you refuse...... otherwise all their customers would simply refuse!
i still think a deliberate refusal, which in your case it would be, rather than a confused refusal, is likely to attract a harsher penalty and consequences.
if your result was to be just over 2 1/2 times the limit, you would attract a 23-28 month ban. The range for failure to supply is 12-36 months and with you being involved in an accident with injury, if they have evidence of your impairment and considering your deliberate refusal to have your blood sample analysed, they are likely to sentence you at the high end of the range, certAinly in the 30 to 36 month bracket.
Now, here is the deal cruncher, in my opinion...... The Drink Drive Rehabilitation Course is offered at the Magistrates discretion. There are times when they feel that a person should not be offered a course, and I have known that discretion being exercised for a deliberate refusal, so If they would have offered you a course for being over the limit, and given you 30 months, or they gave you 30 months for failing to supply, the difference to you is the loss of up to 7 1/2 months reduction from losing the chance to do the course.
I know your question is: "what are the positives in refusing to have the sample analysed?" In my opinion, almost none, you are clutching at straws..... just consider the disasadvantages and the answer is clear.

 

[dvb723]

If your insurance company will not pay out if you are over the limit, I am sure they will not pay out if you refuse...... otherwise all their customers would simply refuse!
i still think a deliberate refusal, which in your case it would be, rather than a confused refusal, is likely to attract a harsher penalty and consequences.
if your result was to be just over 2 1/2 times the limit, you would attract a 23-28 month ban. The range for failure to supply is 12-36 months and with you being involved in an accident with injury, if they have evidence of your impairment and considering your deliberate refusal to have your blood sample analysed, they are likely to sentence you at the high end of the range, certAinly in the 30 to 36 month bracket.
Now, here is the deal cruncher, in my opinion...... The Drink Drive Rehabilitation Course is offered at the Magistrates discretion. There are times when they feel that a person should not be offered a course, and I have known that discretion being exercised for a deliberate refusal, so If they would have offered you a course for being over the limit, and given you 30 months, or they gave you 30 months for failing to supply, the difference to you is the loss of up to 7 1/2 months reduction from losing the chance to do the course.
I know your question is: "what are the positives in refusing to have the sample analysed?" In my opinion, almost none, you are clutching at straws..... just consider the disasadvantages and the answer is clear.

But from what I've been told it sounds like I may be 2 1//2 times over the limit with what I had :-(

 

[price1367]

You are not grasping what I am saying.... The likely punishment for failing to provide or being more that 2 1/2 times over might be similar. But if you are offered a course for being over, and not offered a course for deliberately refusing to have the sample analysed, the difference to you could be the loss of a 7 1/2 month reduction, place extra problems with insurance.

 

[dvb723]

You are not grasping what I am saying.... The likely punishment for failing to provide or being more that 2 1/2 times over might be similar. But if you are offered a course for being over, and not offered a course for deliberately refusing to have the sample analysed, the difference to you could be the loss of a 7 1/2 month reduction, place extra problems with insurance.

Okay ... I understand. Just a bit worried you see, as the crash resulted in injury with others.

 

[Rachmolly80]

Okay ... I understand. Just a bit worried you see, as the crash resulted in injury with others.

Refusing to allow them to analyse sample will seemingly agrivate things I think. You will automatically classed as a high risk offender and have to complete a medical etc before you can apply for your licence back, plus as mentioned above, insurers will take a dim view as will the judge.

Without sounding harsh, you clearly feel you were over the limit hence your reluctance to comply with the blood test. Given the fact that people were injured I think 'morally' you should do the right thing now. We are all here because we made a mistake so in no way am I taking the moral high ground so please don't take my comments as negative x

 

[dvb723]

Refusing to allow them to analyse sample will seemingly agrivate things I think. You will automatically classed as a high risk offender and have to complete a medical etc before you can apply for your licence back, plus as mentioned above, insurers will take a dim view as will the judge.

Without sounding harsh, you clearly feel you were over the limit hence your reluctance to comply with the blood test. Given the fact that people were injured I think 'morally' you should do the right thing now. We are all here because we made a mistake so in no way am I taking the moral high ground so please don't take my comments as negative x

Hi Rach, I don't take your comments negative at all. I want to do the moral thing and provide my blood sample. I am truly sorry for the mistake i've caused. I'm just worried what will happen with regards to the future of employment, fines, personal liability. It sounds like I'm not sorry, but I truly am :-(.