Alcohol breath test confusion

[turntheclockback]

Can anyone tell me if a breath test can tell if your alcohol levels were actually rising or falling at the time of the test? I was woken up and arrested at home, an hour after my 3 mile 5 minute drive. I was not offered a breath test at home before being taken to the police station for testing. The breath test was then administered 2 hours after my journey and came back at a level of 74. I had been involved in a domestic violent situation and stupidly downed a large quantity of wine in about 10 mins prior to getting into my car to make my escape to safety. Could i have been under the limit when I actually drove home with my levels still rising? Because I was not tested at home, as you would be in a roadside test, and the only breath test was at the station, how can you tell if the levels are rising or falling, I was not offered a blood or urine test, should that have been offered? Would back calculation help if it is not known whether the levels have peaked or not??? Im very confused!

 

[SeanJoyceStephensons]

The only scientific way to prove that your levels were rising or falling is to provide periodic samples over a period of time. If I understand you correctly you are hoping that by drinking a large amount quickly and then driving very shortly afterwards, the driving would have occured before the alcohol had made it's way into your system and taken you over the limit?

If that's your argument then you are barking up the wrong tree. I would be interested to know if you were interviewed under caution and if so what you have said.

I am also interested to hear more about your reasons for driving. Earlier this year I avoided a ban for a female charged with drink driving. Her alcohol reading wa similar to yours but she avoided a ban on the grounds she was fleeing domestic violence. These cases must be carefully argued and you must be aware of the body of case law that exists as guidance to courts on this subject.

If you would like to discuss your case in more detail, in confidence, free of charge and without obligation, with one of our experts, then call us on 08450020736. We can also arrange legal representation in any court in the country.