Advice

[nicola]

My 18 year old son was charged with drink driving last week he was breathalised at 44, when at the station he was offered a blood test but refused as he has a fear of needles, should he have been offered a urine test instead, if so would this have any bearing on his case

 

[SeanJoyceStephensons]

As your son blew between 40mg and 50mg the police must offer the statutory option of replacing the breath sample with blood or urine. However, it is for the police to decide which. The fact he did not provide blood just means that they can still use his breath sample. The police are not obliged to offer to take urine instead.
It could be worth us looking at the papers and making sure the police did everything correctly.