Unusual DUI situation

Convicted Driver Insurance

Mr Alexander

New Member
Hi all,

I recently crashed my car from which I decided to walk home where I met with police to discuss the crash. The time of the accident was roughly 3 am, the police did a quick breath test around 4 am which read 0.73.

From there I went to hospital where I underwent treatment for minor injuries suffered in the crash and around 12.40 pm some 8 hours after this initial breath test I had a blood sample taken, at the same time I had this sample taken I passed a breath test with a score of 0.

I did drink prior to the accident however this was only 3/4 bottles of Budweiser, my last drink would have been around 2 am.

Does anyone from experience believe I’ll be in the clear with the blood test? I am a young male who is active with a fast metabolism and wear an average weight.
 
From what you have said, you will not have any problem with the blood sample.
The police do sometimes do a “back calculation” to see what your reading would have been at the time of the collision, but that is unlikely in your case, and if the blood sample result is 0 then this could not be done anyway.
 
Thanks for your reply, so you’d think I’d be ok even with a breath reading of around 70? As mentioned the blood sample was drawn over 8 hours later and I did blow a 0. Many thanks
 
The breath test was only with a handheld device which is not evidence. What counts is the blood result and from what you have quoted there is no way that this could be over the limit.
 
Thanks, that does really put me at ease as I’m worrying a lot about the outcome. So you’re saying a breath test usually directly connects to result of a blood test?
 
When you were tested at 4am, a reading of 73 (if accurate, would indicate about 10.5 units in hour system. 8 1/2 hours later you should have lost 8.5 units, perhaps more depending on your build. That leaves 2 units, which in blood would be a reading of 32 at the most, with 80 being the legal limit. The laboratory also deduct 6 from the actual reading when they sent the result back to the police. You will be fine.
 
Thanks, I’ve spoken to the police since and they’ve confirmed that the reading around 4 am was 73. They’ve even themselves said it’s highky unlikely my blood will be over the limit, especially as I had blown 0 with the blood test. Just playing a waiting game now.
 
For Price,

You say the police sometimes do a back calculation. Why would they take bloods 8 hours later if they were not intending to do a back calculation? Surely they would know it will come back clear after that amount of time has elapsed.

To Mr Alexander,

It looks like you have been VERY lucky if they dont do a back calculation! You were twice the limit! In all honesty you do not deserve to get away with this so I hope you have learned your lesson
 
The police have said to me in this instance they will not be carrying out a back calculation. I don’t know how I could have possibly been that far over the limit however it’s definitely a lesson learned.
 
hewl said:
For Price,

You say the police sometimes do a back calculation. Why would they take bloods 8 hours later if they were not intending to do a back calculation? Surely they would know it will come back clear after that amount of time has elapsed.

To Mr Alexander,

It looks like you have been VERY lucky if they dont do a back calculation! You were twice the limit! In all honesty you do not deserve to get away with this so I hope you have learned your lesson
Click to expand...


Hewl,
the doctor TOOK bloods 8 hours later, but we don’t know when they were REQUESTED... there may have been a considerable delay and the police don’t really get to the point of saying “oh well, it’s not worth bothering now so forget the blood....”
as to the 73, we don’t know if that was an accurate reading as it was on a handheld, non evidential machine so we (and the police) have no proof that Alexander was twice the legal limit after the accident. Even if he was, it is possible that his reading had not even peaked then, and could go higher before starting to fall. Hence they could think that he might still be over the limit several hours later and the only way to find out is to proceed with the blood sample.

A good question, hopefully I have answered it fully for you.........
 
I’ve had the results from my sample I had tested independently and there was no traces of alcohol in my blood so it looks like I’ve been very lucky with this
 
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