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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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my daughter is learning to drive.last night I was co driving

Customer Question

my daughter is learning to drive.last night I was co driving with her and we were pulled over.both of us breathalysed.we used same machine and TUBE.is this right about TUBE
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is there any reason you think there shouldn't be?

Did you blow over the limit?
Customer: replied 3 years ago.


we were both negative.but is blowing in same tube not wrong

Expert:  Jo C. replied 3 years ago.
Thanks.

No, not necessarily.

Had you tested positive you could have tried to argue that there may have been contamination but then you would have to show that mouth alcohol was present.

That should not be the case because one of the questions the police ask you before being breathalysed is whether you have consumed anything with alcohol in it in the last 20 minutes. If you answered that you did not then its going to be hard to argue that mouth alcohol existed now. Normally it breaks down within 20 mins which is the reason for that time period. If you answered that you had then they should have waited a further 20 mins.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo