Help and confused ????

I was stopped and breath tested at 11 pm, to which I blew 48 and then arrested and taken to the police station. I was ask to give 2 breath tests at the station after being booked in etc. I completely complied but the machine for whatever reason was malfunctioning and no breath test was taken. This was not any fault of my doing and completley complied with everything. The officer in question had no idea what was wrong with the machine and suggested that we try again in 15 mins or have a blood test . Not knowing what my rights where etc and as I say being very cooperative, said that I would have the blood test. He appeared surprised for some reason, was that because I wasn't trying to delay anything or the fact he was finishing his shift ? I was then taken to for picture, dna and fingerprints .
At 1.06 some 2 hours later I was blood tested ... I was then taken to the cell and 15/20 mins later breath tested by a completly new officer with his hand held machine and blew 31. His words wher that I would be realeasd very , very soon.
I then had a call from the duty police solicitor saying that the way the breath tests had gone, that things where looking good and was border line given the readings .
The duty officer and both police officers who had taken over from the original police officer where of the opinion that things where ok, and that blood test should be fine .
At 2 am I was released on bail with everyone remarking that I would be ok or border line.
I have just recieved my independant blood test showing 98.
Which puts me over by a considerable amount, which I'm not sure how that can happen and given the breath tests as either do not match , I do suffer with high blood pressure etc and know my blood tests are not good each time I have had them taken.
It was remarked by everyone at the police station that I complied,I was coherent and that I didn't act in anyway that showed any signs drunkeness etc.
please help witjh these fiqures etc as trying hard to come to terms ie
11.00 pm breath test blew 48
1.05 am blood test 98
1.20 am breath test 31
2.00am realesed and taken back to drive my car
It is always difficult to estimate the results of a blood analysis, and this is one of the cases which demonstrates why. Yes, on the basis of the breath readings and the time frames, you would expect the blood specimen to be under the prescribed limit.

Due to the manner in which the body metabolises alcohol, your blood alcohol level could have still been rising after the breath tests. That could, in theory, explain the increase.

That said, there would still be an issue over compatibility with the pre-release test taken shortly afterwards.

If the police specimen is positive I would strongly recommend that you seek specialist advice as there may be an issue over the reliability of reading. If you would like to discuss your case with one of our lawyers in the meantime please feel free to call 0845 002 0736.

Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
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