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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71134
Experience:  Over 5 years in practice.
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I've not been cautioned, not arrested, not interviewed,

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I've not been cautioned, not arrested, not interviewed, not charged but I did give a blood sample for alcohol in hospital about six hours after a car crash. It came back just under according to the police and now they want to make a back calculation plus speak to me. Where do I stand legally? Do I have to speak to them? Do I have to provide them with any other information than my name, address and date of birth?

No, you don't. You can make a no comment interview.

I suppose in principle you could refuse to attend but then they will just come and arrest you.

If you don't consent to the BAC calculation they will just do it covertly using the specimen of breathe you have provided.

Generally speaking, you want to be answering questions if you have an innocent account.

If not then you should be making a no comment interview.

Can I clarify anything for you?


Customer: replied 1 year ago.
I did not provide breath, it was blood at the hospital
Customer: replied 1 year ago.
Do I have to give consent?

Not if it was taken on behalf of the police. Blood is always taken by medical professionals. The police don't do that in custody.

Customer: replied 1 year ago.
They've had my blood sample for over two months, shouldn't they have gotten a warrant for arrest by now?
Customer: replied 1 year ago.
I couldn't give a breath sample due to chest injuries caused by the accident

They don't need a warrant for you arrest. They have powers under PACE that are stand alone.

Customer: replied 1 year ago.
Due to head trauma I had from the accident I have no recollection of the accident or the hours leading up to the accident. I've already made a short statement to the police stating no recollection. I cannot understand why the police still want to talk to me, if I have to say anything further or why they have not already started the process to convict me?

Probably because they are investigating an offence arising from the accident.

Also, they probably don't accept that you can't remember.

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