Blew 35 roadside

Convicted Driver Insurance

sadtobehere

New Member
Hi,
I very stupidly got behind the wheel the other night after drinking. I was followed back to my address where I was breathalysed and blew 35mg, which was the exact limit, meaning I was taken to the station on suspicion for further testing. Here, I blew 32mg on my first test and hesitated on the second because I was so nervous, causing a failure. This error meant I had to take a blood sample instead, which I'm guessing was roughly 15 minutes later.

I had my first drink around 8:30 and my last drink no later than 11:00. The blood test was taken at 00:43, leaving a time frame of 1 hour 45 minutes in-between. I opted to take the blood sample offered to me by the police, which I am going to get analysed privately.
I am 19 years old, I weigh 80kg and I'm just taller than 6'1. I hadn't particularly eaten much that day/evening.

I understand the maximum legal prescribed limit is 80mg of alcohol per 100ml of blood, but as long as my blood alcohol level falls below 86mg per 100ml of blood I won't be prosecuted, as there is a 6mg allowance in case of error.

What are my blood samples likely to read?
Also, how quickly is the private sample likely to return? I was informed 30 working days upon receipt, although this may just be a maximum and hopefully the results will come back sooner.
 
Should I have even been taken to the station at all if I blew 35mg? I was just informed on the phone by a member of the private analysis firm that I should not have had to give a second breathalyser, let alone a blood sample. He said to wait for my results first, but to get a solicitor.
 
I think the result at the roadside would not assist really as the police still have the right to arrest even if you pass a roadside test.

However, you are quite right that it is unusual to go to blood if the second test is a fail. Usually you would simply be charged with failure to provide.

If you are considering a defence I would not wait to instruct a solicitor as most firms would recommend you asking for the CCTV to be retained before it is erased. This would need doing straight away.
 
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