Blew 43/41 and request a blood test but was denied help please

Convicted Driver Insurance

Aakash12

New Member
I got pulled over failed the roadside breath test so then was taken to the police station where I was breathalysed again and blew 43 and 41 they took my lower reading on the charge sheet is says my reply was” I would like a blood test” however the police didn’t give me one? Now I have a court date on the 28/11/18 and am very confused on why they didn’t give me a blood test
 
That is the problem you get when your law book is out of date. As peterm41 says, that option was abolished over 3 years ago.
 
Indeed. You can still argue that you should have had a blood test if the machine was evidently unreliable, but the machines are so stringent this is very rarely the case.
 
I did have a sip of a 4% beer just before I drove and got pulled over literally 90 seconds after where they done the road side test, would this of had a big impact? Would them denying the blood test be a reasonable point to argue? Thank you for the replies
 
Aakash12 said:
I did have a sip of a 4% beer just before I drove and got pulled over literally 90 seconds after where they done the road side test, would this of had a big impact? Would them denying the blood test be a reasonable point to argue? Thank you for the replies
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The failure to offer a blood sample is a complete non starter, as said before, the statutory option for blood or urine was abolished 3 1/2 year ago. If the machine was unreliable because of wide ranging readings or a fault developed giving unacceptably high or low base readings then this would have shown up on the print out and this would have trigger3d the blood / urine option.
The sip of beer might have influenced the roadside breath test but would not have affected the evidential one a5 the police station as I take it that at least 20 minutes would have elapsed since you drank the beer. I have tried the Lion machine for mouth alcohol and it recorded zero only 8 minutes after swilling beer round my mouth, let alone 20 minutes.
 
price1367 said:
The failure to offer a blood sample is a complete non starter, as said before, the statutory option for blood or urine was abolished 3 1/2 year ago. If the machine was unreliable because of wide ranging readings or a fault developed giving unacceptably high or low base readings then this would have shown up on the print out and this would have trigger3d the blood / urine option.
The sip of beer might have influenced the roadside breath test but would not have affected the evidential one a5 the police station as I take it that at least 20 minutes would have elapsed since you drank the beer. I have tried the Lion machine for mouth alcohol and it recorded zero only 8 minutes after swilling beer round my mouth, let alone 20 minutes.
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I guess that’s it then, I really appreciate everyone’s answers, and thank you for taking the time to reply
 
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