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Blew 41


New member
Hi i had an accident yesterday morning where I knocked a pillar in the street down and then drove into a stationary car, the people who's car it was called the police, it was about 6:30am police took a breath test and it blew 41 so they took me to the station and it blew 41 again. They took blood and bailed me. I had a glass of wine the previous night but I have very strong pain killers of spine problems. I really didn't thing that having a glass at night would send me over the limit, could it be the pain meds I take. I'm worried desperately now any advise would be greatful.
Hi Molly

For any reading below 50 micrograms the Police are obliged to offer a blood or urine test and as such, your blood sample will now
be analysed by a laboratory. If the reading is 81 or above then a prosecution will most likely be brought.
You should have been provided with your own part of the specimen allowing for this to be independently analysed.

The current Magistrates' Court Sentencing Guidelines indicate that a reading in breath of 41 micrograms will attract a disqualification of between 12 and 16 months. Assuming this is your first drink drive offence, you should be eligible for the drink driving rehabilitation scheme, which, if successfully completed, reduces the disqualification period by up to 25%.

You will also be liable for a fine between 125% and 175% of your weekly income.

In relation to the taking of a blood sample, the Police are required to comply with a series of procedural rules and it may well be the case that if the Police have failed to do so, then arguments can be put to the Court as to the admissibility of the blood sample analysis. The rules are quite complex and it will only become clear if there were any apparent procedural errors if you are prosecuted and are in receipt of the case papers. This is something you are most likely to require expert advice from a specialist motoring solicitor on.

If you are prosecuted and would like legal assistance in your case you are welcome to call my department, we specialise in this area and can give you a fixed fee quote to deal with the case, our number is 0333 344 4889.
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