Hi. Thank you for your question. My name is Jo and I will try to help with this. What would you like to know about this?
I have had the urine test analysed by an authorised scientist which I found in the leaflet given to me at the police station and it has come back with a positive result ie 143 millilitres of ethanol to 100 mil of urine - I took all 3 of my inhalors on my journey to the police station would this have had an effect on my urine results all 3 inhalors contain ethanol
What would you like to know about this? I'm sorry for the delay . I completely lost my connection.
I would like to know if the inhalors would have given a positive result in my urine sample
Do they contain alcohol?
Can you respond ok in chat?
I can convert this to Q and A if that would be easier?
yes - they all contain ethanol
If you consumed or ingested anything containing alcohol before the test or more specifically before driving then that would have an impact upon the test I'm afraid.
Obviously it may not knock you over the limit. Generally the amount in medications and food is very low.
There isn't a defence though in saying that you consumed it in this way.
ok thank you
The offence lies in driving when alcohol is in your blood stream. You don't have to consume it by drinking intoxicating liquor.
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.
So what you are saying is that as my urine has proved a higher than what is lawful content of alcohol it does not mean that my medication of 3 inhalors taken before the urine sample, would have an adverse affect on the result
No. The issue isn't whether your reading was caused by the medical or intoxicating liquor
The issue is just plain whether you were over the limit.
I suppose you could argue that since the inhalor was used after the driving the results are compromised but whether or not that would succeed is another matter.
so I would not have a case if I said that the medication would have put me over the limit ?
sorry i meant could have put me over the limit
its always an argument you can raise. It is a factual test in the end.
Whether it would succeed or not is another matter.
The officers may deny that you did use your inhalor and I suppose they could get an expert to comment upon how likely it is that would have made a difference but they won't do that. It would only be inconclusive anyway.
The risk is that they would do a BAC calculatio.
Ok Jo thanks - I am just so annoyed as I would never compromise my driving as a result of alcohol because of my poor health as I rely so much on my car - I suppose in a sense I have to think "lesson learnt" and do not drink any alcohol whatsoever when driving !!!
Yes, unfortunately that is probably right.
Its possible to argue this but it would be expensive. It might pay off.
Thank you for your help = just have to bear the consequences now :(
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/