Breathalyser Question

Convicted Driver Insurance

Caren21

New member
Hi

My husband was recently stopped by the Police after leaving a public house and had to provide a breath test.
He did as he was asked and blew clear but the Police officer said that as they could smell alcohol they would get him to blow again using another machine. The 2nd machine didn't register so they proceeded to call in 2 more police response units, which in my opinion is a complete waste of resources, and carried out another test which he failed on and was then taken to the station.

Because blew clear with the first test are they legally allowed to request another one? I was under the impression that if you blew clear then you go on your way.

My husband did blow over and will admit this in court and take his punishment but for peace of mind I want to know if they should have continued after he blew clear.


Thanks.
 
If the officer had reason to believe that the first reading provided was inacurrate for any reason then he would have been entitled to request another breathalyser to confirm the reading.

If your husband was only slightly over the limit, i.e. a reading of 50 in breath or less, he should have been offered the option of either a blood or urine sample, do you know if this was the case?
 

Caren21

New member
Hi Sean

Thank you for your reply and clearing that up for me.
He blew 66.
Everything that I've read online indicates at least a 12 month ban, a hefty fine and the option of the rehabilitation course, is that correct?

Thanks
Caren
 
As your husbands reading is 66 in breath the Magistrates sentencing guidelines advise a 17-22 month disqualification, as the reading is towards the lower end of the bracket (which ranges from readings of 60 - 90 in breath) I would expect him to be disqualified towards the lower end of the range. Yes, he should also be offered the drink drive rehabilitation course which reduces the length of the disqualification by up to 25%.

The fine will be based on his incomings and outgoings, it won't just be a set amount, normally a rough guide is 1-2 weeks take home pay. There will also be prosecution costs, normally £85, and a victim surcharge, which will be 10% of the fine.
 

Caren21

New member
Thank you again for your reply - Your advice is very much appreciated.
Can I ask what a victim surcharge is and why it has to be paid?

Thanks
Caren
 
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