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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I was taken to police station as I could not use the breathalyser

Customer Question

I was taken to police station as I could not use the breathalyser (ie: i was very breathless) when asked by the police. When I was being driven to the police station I used all three of my inhalors of which all contain ethanol. The breath test at the station (2 results)showed 50 and 47 so I done a urine test which I have received the results for and they read 143 milligrams of alcohol per 100 millilitres of urine - as I had only drunk 1 and a half glasses of wine I would not have thought that I was over the limit. The urine test was taken about 4 hours after I had used my inhalors.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

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?

JACUSTOMER-te1gs0bk- :

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

Jo C. :

Thanks.

Jo C. :

What would you like to know about this? I'm sorry for the delay . I completely lost my connection.

JACUSTOMER-te1gs0bk- :

I would like to know if the inhalors would have given a positive result in my urine sample

Jo C. :

Do they contain alcohol?

Jo C. :

Can you respond ok in chat?

Jo C. :

I can convert this to Q and A if that would be easier?

JACUSTOMER-te1gs0bk- :

yes - they all contain ethanol

Jo C. :

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.

Jo C. :

Obviously it may not knock you over the limit. Generally the amount in medications and food is very low.

Jo C. :

There isn't a defence though in saying that you consumed it in this way.

JACUSTOMER-te1gs0bk- :

ok thank you

Jo C. :

The offence lies in driving when alcohol is in your blood stream. You don't have to consume it by drinking intoxicating liquor.

Jo C. :

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.

JACUSTOMER-te1gs0bk- :

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

Jo C. :

No. The issue isn't whether your reading was caused by the medical or intoxicating liquor

Jo C. :

The issue is just plain whether you were over the limit.

Jo C. :

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.

JACUSTOMER-te1gs0bk- :

so I would not have a case if I said that the medication would have put me over the limit ?

JACUSTOMER-te1gs0bk- :

sorry i meant could have put me over the limit

Jo C. :

its always an argument you can raise. It is a factual test in the end.

Jo C. :

Whether it would succeed or not is another matter.

Jo C. :

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.

Jo C. :

The risk is that they would do a BAC calculatio.

Jo C. :

calculation

JACUSTOMER-te1gs0bk- :

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 !!!

Jo C. :

Yes, unfortunately that is probably right.

Jo C. :

Its possible to argue this but it would be expensive. It might pay off.

JACUSTOMER-te1gs0bk- :

Thank you for your help = just have to bear the consequences now :(

Jo C. :

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/

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