In the media - Drink Driving - Back Calculation

[jt7747]

There is today a high profile case of a the daughter of famous TV morning presenters.

Is says "When the vehicle came to a halt, realising she was very close to her home address, she decided to walk round and call the police. She was about to call the police when they arrived on the doorstep. She feels dreadfully upset about what has happened."

Now it seems to me, if you've had a bump near home, and you think the police are coming, that you should make your way asap to your drinks cabinet and pour a stiff whisky, and better still be holding the glass when police knock on the door.

Because then you can claim that any alcohol in your system was due to the tipple you poured to calm your nerves.

What happens in situations like this? What happens if you keep a bottle in the car to swiftly down after a collision to 'calm your nerves', thus invalidating any breathalyser tests. You'd have to say, of course, that you weren't planning on driving the vehicle home, obviously.

Any thoughts? Thanks

 

[Forum Moderator]

Re: In the media

Now it seems to me, if you've had a bump near home, and you think the police are coming, that you should make your way asap to your drinks cabinet and pour a stiff whisky, and better still be holding the glass when police knock on the door.

Because then you can claim that any alcohol in your system was due to the tipple you poured to calm your nerves.

What happens in situations like this? What happens if you keep a bottle in the car to swiftly down after a collision to 'calm your nerves', thus invalidating any breathalyser tests. You'd have to say, of course, that you weren't planning on driving the vehicle home, obviously.

Any thoughts? Thanks

In cases like this, forensic scientists are often used, on determining how much alcohol was consumed, the rate at which an individual absorbs and eliminates alcohol, a back calculation is then made to determine an individuals blood alcohol content at the time of any alleged offence.

The burden of proof lies on the defendant to prove that a certain amount of alcohol was indeed consumed after the offence, and before a specimen was provided and had that alcohol not been consumed, their BAC (blood alcohol content) would not have exceeded the legal prescribed limit.