Blood Test

[danrolf]

Hi, last night I was pulled over and failed a breath test. At the station I blew 61 then bizarrely, 2 minutes later it came out as 50 - the officer then explained because of this unusual drop down the machine's reading couldn't be trusted...? So they said I would have to give a blood sample. I spent around one hour, 50 minutes waiting for this in a cell in which time I urinated and was able to induce vomiting. Does anyone know if I am likely to pass the blood test owing to the delay inbetween my final breath test and the blood being taken? Thanks in advance.

 

[danrolf]

Sorry just one further question;

Will the courts/police have to tell my employer if convicted? Ie, will they find out even if I decide not to tell them?

 

[Double]

I gave a roadside breath test of 94. 40 minutes later at the police station i blew 48 and 49 and offered the blood test. I waited in a cell for one hour for the doctor.
I urinated several times, (in the toilet), had a cup of coffee and some food.
When I returned to the station 6 weeks later, my blood level was 106. You may be lucky, it is all down to body type, metabolism and how much food you have eaten.
Good luck, i hope you are under when you get your results.

 

[SeanJoyceStephensons]

Hi,

It is impossible to say what your blood test will be as there are a number of factors which vary and affect your rate of absorbtion of alcohol, which tend to be unique to the individual concerned. I would advise you to have your blood specimen independently analysed if it was provided to you. This is especially important where a low reading is anticipated so that your sample may be compared to the police analysis. With blood cases the procedure may not have been followed correctly and in such circumstances a good lawyer can argue that the blood sample should be excluded from evidence. If the blood specimen was excluded there would be no evidence of you being over the limit and you would be found not guilty.

 

[danrolf]

Thankyou. Sadly, to the best of my knowledge the blood test procedure was followed correctly, does this mean I haven't got a leg to stand on? What about my employers being told?

 

[SeanJoyceStephensons]

You can't assume that the blood test was followed correctly. We can look through the evidence in order to check this for you if you wish. The procedure is very complicated and things have to be done by the letter. If there is any deviation it can result in a successful argument to exclude evidence. In terms of the Court notifying your employer, unless you are a solicitor, this is unlikely.

If you wanted us to consider the evidence in your case in detail, once it is provided to you, we are able to do so for a fixed fee. This will enable you to know where you stand once and for all.

 

[danrolf]

Many thanks again. One thing that may be crucial, my blood test was taken by a NURSE, not a doctor - someone I know told me this could be an incorrect procedure?

Also regarding my employers, I was CRB checked when I first started, obviously I passed as I have no criminal convictions at this time. I don't think they'll be doing a check again but can they ask for one at random now I've given my permission just the once to do so?
Sorry for all the questions, as you can imagine I have so much to lose!