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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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My son was stopped as suspected of drink driving, he failed

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My son was stopped as suspected of drink driving, he failed the breath test and was taken to the police station, the breathalyser at the police station was not working properly so they asked him to give a blood test, he agreed and waited for the doctor, after the blood test he was told he could leave,,, and that they would be in touch, is that normal proceedure
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. Was your son given a small vial of blood and a date to go back to the police station?
Expert:  Alice H replied 1 year ago.
OK so the police will send the blood they took to the laboratory for analysis and your son can do the same with his sample. If the alcohol in his blood is over the limit, he will probably be charged and will have to attend court - if convicted he will be disqualified.
Customer: replied 1 year ago.

Hi

No they never gave him a sample of the blood, just said they would be in touch

Expert:  Alice H replied 1 year ago.
Good morning. The limit is 50 milligrams per 100 millilitres of blood - anything above this limit will usually result in a charge. If it has been decided that the evidential specimen to be required is to be one of blood. The police officer making the requirement will state: "I have decided the specimen shall be of blood and require you to provide a specimen. Failure to provide a specimen will render you liable to prosecution. Do you consent to provide a specimen of blood, which will be taken by a doctor (or health care professional)?" The suspect must agree to provide the blood sample. If the suspect refuses they will be given a final warning from the police officer. "I warn you again that failure to provide a specimen will render you liable to prosecution. Do you now consent to provide a specimen of blood, which will be taken by a doctor (or health care professional)?" If the suspect agrees to provide a specimen of blood for analysis then a doctor (or health care professional) will draw two 8ml samples of blood from the suspect. The suspect can choose one of the two samples of blood so that they are able have it privately and independently tested by a scientist of their choice. The other sample will then be sent off to a police forensic laboratory in order to be analysed and for the BAC (blood alcohol content) to be determined. If a suspect does not request one of the samples of blood, both samples will be sent off to a police forensic laboratory, although only one sample will be analysed. A failure to give your son a sample of blood is a breach of the procedure and if he is prosecuted would give him grounds to defend a charge if later prosecuted. The police will have a record of whether your son was offered a second vial of blood - he would have been asked to sign to say if he wanted it or not. To be sure exactly what happened your son should ask for a copy of his custody record whcih will contain details of the procedure.
Alice H, Solicitor/Partner
Category: Law
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Experience: Partner in national law firm
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