He was injured and taken to hospital, breath test was taken in hospital, they did not give reading the police officer just said it was a fail.
Thank you for your answer, can you clarify
1. if i get the second sample analyised and it falls below the 80 will the police use the failed breath test to charge him, this was taken some time earlier?
2. Do the police have to disclose now what the failed breath test reading was?
3. I have a second blood sample given to us at the time the blood was taken in a sealed bag, how do I get this tested so that it is permissable evidence if it falls below the 80 ml?
4. What happen if this second test is a higher reading.
Thanks, XXXXX XXXXX clarify
If we got the blood sample tested and it was below 80 (yes it was taken at the same time) we could use this even though the police gave him as breath test as well earlier which he failed?
can they just use the breath test to charge him?
one further point, when i talk about a failed breath test I mean he was over the limit on the breath test and they then asked him to provide a blood sample.
Is that your understanding of what I was asking?
So do they have to disclose now the breath test reading?
If it was over 40 they could charge him based on breath test alone, even if the second blood sample was below 80?