DUI on Military Establishment

[honky.tonk]

Hi, I unknowingly reversed into another car after a night out. I realised the damage to my car approx. 3hrs later, and reported it to the military police. I was breathalysed and blew a 48.
I was then taken to another establishment to the intoxiliser or whatever it is called. I blew a 33 and a 29, athough because the incident happened at approx 8.30 am and I was tested at 11.50 and then after 2pm a blood sample was taken, it has now been 6wks and the results have still not come back.
I was wondering if you are familiar with military law, and therefore the possible outcomes and how accurate back dating a blood test is?
Any help would be much appreciated

 

[SeanJoyceStephensons]

Thanks for your message.

One of the staff in our department has experience of military law. While the procedures are different to those in the civilian courts, the law is largely the same.

Back-calculation of blood specimens is something of an imprecise science, due to the number of variables which will determine your blood/alcohol levels. Whenever we see a case prosecuted on the basis of a back-calculation, the first step is always to have the calculations reviewed by an independent expert.

What reason was given for the back-calculation? These are normally only conducted where there have been serious accidents.

If you are charged with an offence then it would be worth discussing the matter in more detail as there are a couple of procedural errors which are often made in back-calculation cases which can render the blood specimen inadmissible.

If you would like any further information or advice please feel free to contact me on 0845 002 0736.


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce