Drink driving

Convicted Driver Insurance

Paul 92

Member
Hey looking for some advice I'm 26 just got a mortgage on the flat but have been going down a talk road of depression and alcohol use, last night I cashed my car and Blue 70 on the roadside test but the police said they are not going by that and took me to the hospital for a blood test which I waited six hours for and was completely sober my then, I've got a spare sample of my blood and I'm sending it off tomorrow to get it checked out. I've think of the acted before when I was 18 and now feel like killing myself, if worst comes to worst I'm gonna loose absolutely everything house job family the lot. Just dunno what to do anymore so scared

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The roadside test is only an indication, not evidence. You will stand or fall on the result of the blood test. If there was a 6 hour delay then the chances are that the result will be under the limit.
There are 2 qualifications to the above answer, one is that you had not been drinking just before you blew into the hand held device, and your reading could have still been going up, second is that even if the blood sample is below, the police consider doing a ‘back calculation’ on the blood sample to see what your reading would have been at the time of the accident. This is only likely if you hurt someone else or caused massive damage, but you should be aware that this could happen.
Don’t do anything silly, or you will never know the result........
 
However they could still charge you with a driving offence. Driving without due care and attention is one of the more common ones, but it is only points instead of a ban.

If you told the police you were drinking because of your depression the police could also report this to the DVLA for a medical. If you are found to be misusing or depending on alcohol you will lose your licence for six or twelve months respectively.
 
TipsyNurse said:
However they could still charge you with a driving offence. Driving without due care and attention is one of the more common ones, but it is only points instead of a ban.

If you told the police you were drinking because of your depression the police could also report this to the DVLA for a medical. If you are found to be misusing or depending on alcohol you will lose your licence for six or twelve months respectively.[/QUOT
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No one see me driving at the time I just lost control because the road was bumpy and from poor weather conditions, literally don't know what to do anymore
 
Before that I found out I had hiv so have been going through a really bad stage and this is righting me off
 
The key here is for you to seek professional guidance with a solicitor. Don't wait for the Police to knock on your door. Your solicitor will be able to (with your help) seek whatever charges you may be facing and give you the best advice you need. On a positive note - If you are asking for help on this site Price1367 & Tipsynurse are absolute experts, what they don't know isn't worth knowing. Listen to them.
 
Woozle47 said:
The key here is for you to seek professional guidance with a solicitor. Don't wait for the Police to knock on your door. Your solicitor will be able to (with your help) seek whatever charges you may be facing and give you the best advice you need. On a positive note - If you are asking for help on this site Price1367 & Tipsynurse are absolute experts, what they don't know isn't worth knowing. Listen to them.
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The evidence would be anything you said after you were cautioned or later at interview. Lots of people suffer minor injuries in accidents. As you were medically examined afterwards that would support or not if you were to say it but s reliable.

I think there are three broad options and a lot depends on the tenacity of the investigating officer.

If your blood test comes back as having some alcohol, then they can charge with DD.

If it comes back below the limit but still containing alcohol they could decide to do a back calculation. This isn't as simple as a back of a fag packet calculation, they would need to appoint a forensic scientist, but made simpler by the fact you were presumably observed in hospital and so they can be sure you had no further alcoholic drinks.

If they don't go for those there is the rarer option of using S4 which is just proving that you were unfit to drive through drink with no requirement to prove you were above any limit - sometimes referred to as a DR20. That is fairly specialised and not worth exploring unless they actually use it.

They may instead charge you with a driving offence, again based on what you said under caution or investigations at the scene.

Or if the blood sample comes back as zero or low they may write it off because the police doctor took so long.

Unfortunately there is little way of knowing until they contact you. I don't personally favour Woozles advice of getting a solicitor both because the best advice with police tends to be don't poke the hornets nest. Your best outcome is this falls down the back of a filing cabinet. Also, with no idea what charge you are facing, you will waste your free consultation - anyone can tell you that you may or may not be prosecuted depending what the evidence is.

Certainly if you are invited to talk insist it is at a police station, where you can use the duty solicitor or take your own. Do not invite them into your home no matter how friendly they sound.

Either way fingers crossed they drop it as too much work.
 
Just waiting game then, Had a drink driving ban 7 years ago as well so this ones gonna kill me, my mate in the car a the time told the police he was driving for so stupid reason I just kept my mouth shut. God knows it's all a proper mess man
 
Pretty much, whilst the lab results come back.

You probably don't need me to tell you, hopefully you won't get a DD this time but be careful for the next three years because twice in ten years is a minimum three year ban.
 
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