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Bac test 3 hours after crash

Fudge1881

New member
Hey all,

So I had an accident several weeks ago. I started drinking at 9pm consumed one shandy and two pints of lager. Finished at 10.15pm. Got in the car not feeling overly yipsy, crashed at 10.30pm. The police arrived and gave me a breathe test which was 57 at 11.30pm.

Then we went to the hospital for a bac test. This was conducted about 1.30am about 3 hours after the accident. I received the results of "not less than 92mgs". Have been called for an voluntary interview, can anyone recommend on what the results maybe? And can I challenge the bac because it wouldnt have risen fully the time I was driving?
 
There is a legal presumption that the level of alcohol in your system at the time of providing the blood specimen is taken to be the same level as at the time of driving. Alcohol generally rises after consumption before levelling out and then dropping again. A forensic scientist would need to be instructed to consider the reliability of the blood result.

The interview will very likely focus on the police trying to definitively establish that you were driving the vehicle at the time of the crash. Ordinarily the police would only need to interview in a case like yours to establish the following:

1. That you were driving at the time; and/or
2. Whether the standard of your driving leading to the collision is sufficient to suggest that you should be charged with an additional offence such as dangerous driving or careless driving.

I would recommend taking some additional advice prior to attending any interview and at the very least ensure that you take the opportunity of having a duty solicitor present with you during interview.
 

Fudge1881

New member
So
There is a legal presumption that the level of alcohol in your system at the time of providing the blood specimen is taken to be the same level as at the time of driving. Alcohol generally rises after consumption before levelling out and then dropping again. A forensic scientist would need to be instructed to consider the reliability of the blood result.

The interview will very likely focus on the police trying to definitively establish that you were driving the vehicle at the time of the crash. Ordinarily the police would only need to interview in a case like yours to establish the following:

1. That you were driving at the time; and/or
2. Whether the standard of your driving leading to the collision is sufficient to suggest that you should be charged with an additional offence such as dangerous driving or careless driving.

I would recommend taking some additional advice prior to attending any interview and at the very least ensure that you take the opportunity of having a duty solicitor present with you during interview.
Thanks for replying. Will it be inevitable I went to court?
 
It is not possible to say at this stage. It depends on the strength of the evidence the police have against you. A decision to charge has to be made within 6 months.
 
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