caught and blood taken 5 hours later

[berther]

hi there everyone i am new here,(and stupid!) i had a couple of beers friday night about a mile away from home, I know mile or a metre its still illegal bt in that mile i TRIED to drive i managed to crash and roll my landrover and was breatherlised in the ambulance after being freed from the vehicle and strapped to a spinal board and i blew over the limit but was told i would have a blood sample taken later, one thing led to another and after having been checked a million time at the hospital and having a thousond xrays taken and constantly asking to use or go to the toilet i finaly was allowed to urinate in a bowl well 5 bowls infact that was how much i needed a pi$$ i was then taken out of xray unstrapped from the board and neck brace removed, i was breathalised at around 8.30pm and then finally had blood taken at around 12.30/1.00 am

I know there is no excuse for drink driving!

I am a selfemployed gardener/tree work and will lose all my clients if i am found guilty and banned i have no convictions of any other type and am also in serous money troubles and also live in a small village with little public transport and none of the public transport will actully get me to where any of my work is most of my rgular work is around 8-15 miles away and some further than that

my question is what is going to happen and how can i get help and just some genral advice will be much appreciated,

thankyou in advance.

 

[berther]

I would also like to add that no other parties were in volved and i was in the vehicle alone and also i do suffer with depression which now is pretty bad due to the fact that my entire life has just been ruined by my own stupidity!

 

[price1367]

Although it is not actual evidence, only an indication, what was your reading on the breath test at the roadside? Also how much did you drink,when did you stop drinking and when did you last eat. One last thing - what is your age and weight?

 

[steven]

Basically, I started drinking from 8 o'clock until 2 am when I got stopped and failed breathlyze test got 47. Previous I had dinner before I left my house and from 8 until 2 I had 4 pints of San Miguel. I pissed probably 5 times and drunk 5 glasses of water before the urine test. What are the chances of passing the urine test ?

 

[berther]

Although it is not actual evidence, only an indication, what was your reading on the breath test at the roadside? Also how much did you drink,when did you stop drinking and when did you last eat. One last thing - what is your age and weight?

hi there i do not know the reading from the roadside but i had had around 5 pints over 5 hours and stoped 30 mins before being breath tested i last ate at around 4.45 pm that day and im 29 years old weighing in at around 18 stone
cheers

 

[price1367]

Basically, I started drinking from 8 o'clock until 2 am when I got stopped and failed breathlyze test got 47. Previous I had dinner before I left my house and from 8 until 2 I had 4 pints of San Miguel. I pissed probably 5 times and drunk 5 glasses of water before the urine test. What are the chances of passing the urine test ?

Steven,
can you stick to the thread that you originally posted on..... Re: Got stopped blew 47 and 50.... I have responded to you on there, now gone to reply to be Berther who is asking a similar question to you, and found that you have replied to my question on the other post... but on this one which is the third one you have now put your circumstances on. I am getting confused as to who is asking about what!

 

[price1367]

hi there i do not know the reading from the roadside but i had had around 5 pints over 5 hours and stoped 30 mins before being breath tested i last ate at around 4.45 pm that day and im 29 years old weighing in at around 18 stone
cheers

Berther,
Can you be specific about what the pints were... I.e. Stella, Ansells bitter or what? The strength varies a lot and the outcome will hinge on your choice that night.

 

[berther]

Berther,
Can you be specific about what the pints were... I.e. Stella, Ansells bitter or what? The strength varies a lot and the outcome will hinge on your choice that night.

hi there thanks for the reply my choice was kronenberg, maybe not the wisest choice! cheers berther

 

[price1367]

Berther,
I think you. May be lucky, because of the delay in getting the blood sample from you.
Even if it was taken at 12.30am, rather than 1am, I would estimate that your reading will come back as 65 to 75. That is allowing for a deduction of 6 from the result, as is normal practice. The legal limit is 80.
Your size also helps, as it tends to keep your reading lower than average.
Some Police areas do ask for a "back calculation" where an analyst is asked to estimate what your reading would have been at the time of the accident, based on your blood reading at 12.30am, so a prosecution can still go ahead. As you were the only casualty, I don't expect that this will be done, but just to warn you of the possibility. Someone was in a similar position to you recently in the Metropolitan Police area and they did not bother. I am aware that Staffordshire Police often do ask for a back calculation.
Do let us know how you get on.

 

[berther]

Berther,
I think you. May be lucky, because of the delay in getting the blood sample from you.
Even if it was taken at 12.30am, rather than 1am, I would estimate that your reading will come back as 65 to 75. That is allowing for a deduction of 6 from the result, as is normal practice. The legal limit is 80.
Your size also helps, as it tends to keep your reading lower than average.
Some Police areas do ask for a "back calculation" where an analyst is asked to estimate what your reading would have been at the time of the accident, based on your blood reading at 12.30am, so a prosecution can still go ahead. As you were the only casualty, I don't expect that this will be done, but just to warn you of the possibility. Someone was in a similar position to you recently in the Metropolitan Police area and they did not bother. I am aware that Staffordshire Police often do ask for a back calculation.
Do let us know how you get on.

many thanks for the help and advice i will keep you updated allthough i was told it would be two weeks until the results were back is this normal?
Cheers Berther

 

[price1367]

Yes, that is normal. People are usually bailed for 6 weeks pending the result. As you were in hospital, I would expect the officer to contact you when the result gets back to him... But that depends on what shifts he is on at that time as to when he gets back to you.
fingers crossed!

 

[berther]

Yes, that is normal. People are usually bailed for 6 weeks pending the result. As you were in hospital, I would expect the officer to contact you when the result gets back to him... But that depends on what shifts he is on at that time as to when he gets back to you.
fingers crossed!

just anther nightmare to add to the list, when i was having bloods taken at the hospital the officer told me the vehicle would not need retaining fo further investigation, but i phone the company holding the vehicle they say the police have it on retention and they can not release it, i phone the police and they agree saying yes it is but to mess things up even more the date of the incident on the police records is a day diffrent to the one on the paper i was given from the officer at the time? also i asked if possible to retrieve personal effects from the vehicle ie my wallet, phone and numrous bunches of keys and some work tools i was also told know to this i can understand the phone being kept but my wallet keys fork and spade too??

any advice would be great

 

[berther]

Berther,
I think you. May be lucky, because of the delay in getting the blood sample from you.
Even if it was taken at 12.30am, rather than 1am, I would estimate that your reading will come back as 65 to 75. That is allowing for a deduction of 6 from the result, as is normal practice. The legal limit is 80.
Your size also helps, as it tends to keep your reading lower than average.
Some Police areas do ask for a "back calculation" where an analyst is asked to estimate what your reading would have been at the time of the accident, based on your blood reading at 12.30am, so a prosecution can still go ahead. As you were the only casualty, I don't expect that this will be done, but just to warn you of the possibility. Someone was in a similar position to you recently in the Metropolitan Police area and they did not bother. I am aware that Staffordshire Police often do ask for a back calculation.
Do let us know how you get on.

just a litlle update I am now slightly puzzeled the police officer i was dealing with has contacted me and requested i go in for an interview on the 31st of this month the accident and breath test/blood was taken 2 weeks ago today, but he did not mention if the blood results were good or bad? i didnt ask as i dont realy want to know! but is this normal to wait that long for an interview or to be charged i have not yet been arrested for any offence but i would have thought if i was over the limit they would want me off the road asap any words of wizdom would be very greatful

cheers Berther

 

[price1367]

Berther,
It is normal for the police to want to interview you about the accident, but this could take 2 forms.... They could focus on the accident itself, exploring if there should be a prosecution for driving without due care and attention, in addition, they could focus on your drinking. This would depend on the reading that has come back. If it is over, they will just ask about the accident, they have the evidence that you were over the limit. If it is under, that is when they might explore the issue of a back calculation.
The officer may be on nights next week, which is why he has asked to do an interview in 2 weeks.
it would be good for you to know the result now, and to plan how to approach the interview. I would suggest that you contact the officer and ask: "could you please let me know if the sample has come back over, and what the purpose of the interview is." If the result is under, and he is vague about the purpose of the interview, then just say: "can you clarify id the purpose of the interview is to explore a 'back calculation', because if I find that this is the purpose of the interview when it starts, I would have to ask for legal advice and I don't want to mess you around by having to wait around for a solicitor to arrive or have to I rearrange the interview."
This hopefully will get you informed as to what you can expect. if you seek the advice of a solicitor now, it will be at your own expense, legal aid does not cover this.
When at the police station, you can ask to speak to a solicitor and this is free, but this advice is now often just by telephone and it will never be as detailed as you having advice face to face. The problem is, without knowing the purpose of the interview, your solicitor now will not know which specific advice to give. Your solicitor would probably ask the police for you, but your bill will go up to cover this, asking what I suggest is easy and will save costs for you, or help you to decide to not have a solicitor if it is only a tidying up exercise for the police.