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Drink driving accident

Fool72

New member
#1
I was involved in an accident a few days ago. I swerved to miss an oncoming vehicle on my side of the road which resulted in my skidding over the road and ending in some trees. The car that I avoided did not stop. There were witnesses to this. My car is a right off. I was breathalysed and failed. I was taken to hospital battered and bruised. I said yes to a blood test. Iv since learned that another car clipped mine as I skidded and the driver had a minor injury. I can't yet get any information from the police and have been told to wait for them to contact me. I don't know my blood alcohol level. This is my first ever offence of any kind. Iam ashamed beyond words and deeply depressed which iv suffered with for 15 years. Iv already lost my livelihood. What would be the punishment and most importantly will I go to prison???? Kind regards.
 
#2
You should have been given, or at least offered, your own sample of blood to take away and have analysed. If you were then you can send that to an independent analyst to obtain your own result. That will at very least give you an indication of what the reading produced as a result of the police analysis will be. If you were not offered a specimen then that could amount to a technical defence, depending on the circumstances.

Without knowing the result it isn't possible to advise definitively on sentence in the event of a guilty plea or conviction after trial. The limit for driving with excess alcohol in blood is 80mg of alcohol per 100ml of blood. The minimum ban will be 12 months although this can go up to 3 years depending on the reading and surrounding circumstances. In order for a prison sentence to be considered you would usually have to produce a reading of 276mg of alcohol per 100ml of blood or above. That would mean you had consumed a significant amount of alcohol to put you at that level. It may be that there are technical defences to be considered but we would need to discuss matters with you in more detail before specifically advising.

Unfortunately, in the absence of having your own specimen analysed, you will have to wait until the police notify you of the result and charging decision. If you are convicted then the court can take your background and personal circumstances into consideration when deciding sentence. I would advise contacting a specialist to discuss the above in more detail. You can do so on 0333 009 3830
 
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