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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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I have an enquiry about drink driving. I was stopped last night

Resolved Question:

I have an enquiry about drink driving. I was stopped last night and had to attend station to give a breath test which came out at 40mg. As this was not conclusive I then did a urine test as a doctor was not available to take blood. I took a sample myself. Should I get my own independent testing on this? And how successful do you think the urine test will be after a 40mg breath test. Really need some advice and guidance on this.
I cannot lose my licence. What are my options?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

It is a good idea to get an independent test done. Obviously if it is over the limit then you will be banned. There is no way around it. Its a mandatory penalty.

The limit in breath is actually 36 but nobody is charged unless they blow over 40. If they blow over 40 but under 50 then the matter is referred to either blood or urine for clarity. In urine the equivalent of 36 would be 108. If your urine is over 108 then you will be charged.

In short, the limit is not the equivalent of 40 in breath. The equivalent is 36.

Obviously whether it will be under or not is another matter. It depends upon when you consumed the alcohol and what your particular metabolism is like.

A specimen yourself would be a good idea. Apart from anything else it would give you an answer sooner of what to expect. There is cost in that but not enormous.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Thank you very much. So in short it is very hard to predict how the urine sample will come back. How quickly can you get results for this and where do I go?

Matt
Expert:  Jo C. replied 2 years ago.
Oh, there is no way of predicting it. It depends basically whether the alcohol in your system was in decline or increasing which depends upon when you consumed it and your metabolism.

Generally speaking the longer ago you consumed it the more likely you will be in decline but it can't be guaranteed.

They can do back calculations but they won't for a reding of 40.

Its usually fairly quick. If you download the PDF here

http://www.rsc.org/Membership/Qualifications/road-traffic-accidents-analysts/index.asp

then you should find some options.
Customer: replied 2 years ago.
You see a lot on the internet about contacting these solicitors to help you build a case immediately after the offence. Is this something worth looking into?
Expert:  Jo C. replied 2 years ago.
You can always challenge the procedure. That is perfectly ethical because you are just putting them to proof.

Before you spend money though, I would get the specimen analysed. If its under 108 then its game over.

If its more than 108 but under the equivalent of 40 in breath then they might not charge you.
Customer: replied 2 years ago.
Sorry Jo I thought you said if it is over 108 that is over the limit. But you said if it's under its game over?
Expert:  Jo C. replied 2 years ago.
Yes, if you test under 108 then there is no case against you and no point in spending anything at all.

If its over then there may be a case against you.
Customer: replied 2 years ago.
Many thanks Jo. Have you got any final advice for me?
Expert:  Jo C. replied 2 years ago.
I can't immediately think of anything to add.

You can always come back after rating if you want to know anything else.
Customer: replied 2 years ago.
Will that be an additional charge or is it still open for me Jo?
Expert:  Jo C. replied 2 years ago.
As soon as you have rated positively this answer, as long as they are related follow up questions you can ask as many as you like.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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