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i was not stopped had a drink at home were i was waiting for the police concerning another mater when the p.c asked me if i had a drink then arrested me as he said he see me driving the car a wile ago.
then took me too a police station over a hour away which at this time the drink i had while at home would bee at its highest on the breath test i was not offed a road side test as the officer and 2 otter patrol cars did't have one
My Question is is this right or is there a way of working out what my alcohol level at the time of my arrest.
There is a presumption in law that the level at the time of the breath test is the same as at the time of driving. You can argue that you drank alcohol after the driving took place but it is for you to prove that this is the reason why you are over the limit. You would need to instruct a forensic toxicologist to help you present this argument to court with the assistance of scientific calculations. You can contact one of our team to discuss further on 0333 200 9861