Worried....

[Rm8787]

Been stupid and driven whilst under influence again..... last time dec 2010 and received 2 years reduced to 18 month with course back then.

Had a rta this last weekend and breathalized at side of road with a reading of 93... no major injuries to myself mainly severe bruising and sprained wrist. However spent 8 hours on a spinal board in hospital.

Other driver receieved a broken leg. Wishing him a speedy recovery.

My question is, while i was in hospital the police doctor took my blood.... one vile which he then split into two.... one for them and lne for myself.... this was taken after about 3 hours in hospital and probably nearly 4 hours after the accident itself. Can anyone firstly set light to what i should expect these to come back at?, im a 6ft tall and around 16 and half stone..... Also, once the police had my blood they de-arrested me??

I realise my mistake and regret my actions deeply..... does anyone know what i should be expecting.

 

[Forum Moderator]

Been stupid and driven whilst under influence again..... last time dec 2010 and received 2 years reduced to 18 month with course back then.

Had a rta this last weekend and breathalized at side of road with a reading of 93... no major injuries to myself mainly severe bruising and sprained wrist. However spent 8 hours on a spinal board in hospital.

Other driver receieved a broken leg. Wishing him a speedy recovery.

My question is, while i was in hospital the police doctor took my blood.... one vile which he then split into two.... one for them and lne for myself.... this was taken after about 3 hours in hospital and probably nearly 4 hours after the accident itself. Can anyone firstly set light to what i should expect these to come back at?, im a 6ft tall and around 16 and half stone..... Also, once the police had my blood they de-arrested me??

I realise my mistake and regret my actions deeply..... does anyone know what i should be expecting.

Upon a second conviction of driving with excess alcohol within a ten year period you are looking at a minimum 3 year disqualification and (depending on the results of your blood test) anything from a band C fine, community order or a custodial sentence.

The exact sentence you receive will be largely dependent on the level of alcohol in your system according to your blood test results, however, being involved in a road traffic accident involving relatively serious injury will be classed as an aggravating factor that will only go towards increasing the severity of the sentence imposed.

Two disqualifications within a ten year period will mean you will be classed as a high risk offender who will be required to take and pass a DVLA medical before a driving licence will be issued to you upon expiration of any disqualification.

If you have your own sample you may wish to get it tested independently so you can prepare accordingly. Many factors contribute to an individuals alcohol elimination rate that it would be very hard to predict, with any degree of accuracy, what your blood test results are likely to be.

Keep us updated as it may help others who find themselves in a similar predicament in the future and once you know your blood test results you will be in a much better position to know what kind of sentence you can expect to receive upon conviction.

 

[price1367]

The moderator is correct, there are various factors that will have an effect on your final reading in blood, taken 4 hours later. The only thing I think you can be certain of is that it will be over the limit, .... and by 50% or more, so 120 blood.
you can try asking for the course again to reduce the 3 years, but that often doesn't work.
the police would de-arrest you, otherwise they would have had to remain with you at the hospital as you were still 'in custody'.
they will contact you when they have the result in 6 weeks or so.
As you have been advised, get your own sample analysed if you want to know quicker, it costs about £90.

 

[Bravo]

93 is a very high reading. I know the roadside device isn't 'accurate' but I'd be very surprised if you were under - 4 hours after the incident. If by a pure chance you were, then I think there's a strong chance they'd be looking into doing bac calculations - to see what your levels would've been at the time of the offence.

They don't normally do this, but the fact there's been an accident and injuries to others, and a previous conviction - then I think they'd definitely want to take it further. Personally I think you'll still be a fair bit over though. In breath terms, I think you'll be about 45-55.

In terms of ban length, as has been said - 3 years minimum. If I was you, i'd be hoping for 3 years but it could be more with the accident, the reading, injuries and only being about 6 years since your last offence.