Caught drink driving and young

[Torh]

Hi there,

I crashed my car into a barracade as a result from drink driving. I blew 74 mg at the scene. I was then taken to the local police station to provide a second specimen. I have severe anxiety problems and at this point i was having troubles breathing. I was not able to hold a long continuos breath which they then failed and charged me for. If proven innocent of not deliberately trying to fail the test, what affects will this have on the situation,seeing how only one test was taken. My solicitor said in a way this was better for me only taking one test opposed to two. How is this so?
Any feedback on my situation is appreciated! Did anyone blow close to my reading and what was your sentence?

Thank you!!

 

[SeanJoyceStephensons]

It sounds as though you have been charged with Failing to Provide a Specimen and not Drink Driving. If this is the case the reading you gave will be irrelevant. You would haev a defence available of reasonable excuse. If you were successful in arguing reasonable excuse you would be found not guilty and that would be the end of the matter.

If convicted of Failing to provide the sentencing guidelines suggest a ban of 2 years should be considered and up to a maximum of 6 months in prison. The length of ban and accompanying substantive punishment will depend on any mitigating or aggravating factors that the court are made aware of. the fact you were involved in an accident will certainly be regarded as a significant aggravating factor that could mean a more severe punishment.

If you are legally represented then you should ask your solicitor for specific advice as he/she will have seen the full extent of the evidence against you, whereas I have not.