drink Driving

[weeduck]

What are the rules for being breathalised. A friend said he failed 2 tests and passed a third and got let off would this be correct?

[WoWo]

Yes, They do a road side test which gives an initial indication one way or the other. Then back at the police station they have more accurate and sensitive equipment.

It's possible his initial roadside test was a fail but a subsequent "proper" test was passed, if he was close to the limit.

[Buenchico]

The basis of all criminal law is that the prosecution have to prove their case 'beyond reasonable doubt'. The fact that your friend passed one of the tests is enough to create 'reasonable doubt' about whether she was over the limit. Hence, no prosecution could succeed.

Chris

[Scotman84]

One roadside test (over 20 minutes after last drink) which you either pass or fail. If passed, no further action. if failed then the driver is arrested and taken to the police station, where ONE more test is taken using the electronic equipment. Pass that, then no further action. If failed, there are two courses of action. Depending on the reading, it is either a straight fail (the reading is high), or the accused is then asked to provide blood or urine for a lab test and it depends on the result whether you are prosecuted. There are never three breath tests.

[Mrs_Pegasus]

I disagree with the last post.

I was stopped at the road side in 1997 and gave a postive reading. (Long story but I wasnt given 20 mins after my last drink which was a Baileys after being on lemonade all night).

I was indeed arrested and taken to the Police station. Where I had to take TWO further tests on the more sensitive equipment.

I was told that the first reading was a pass and that the second reading had to show the level was dropping which of course it did.

I was warned that it was my responsible to tell the Police I had drunk an alcoholic drink within 20 mins of being stopped and that I could have been accused of wasting Police time! Bananas!

[Scotman84]

Hi Mrs,

Were you MADE to take the second test? Did they say there would be any penalty if you refused? Legally, the second test was not required as you had passed the first one, unless the machine diagnostics indicated a fault.

I only spent 26 years in the police, admittedly in Scotland, but the Road Traffic Acts are UK wide.

[Scotman84]

and............ we were always told to ask a question about when you had your last drink as members of the public could not be expected to know about the 20 minute thingy !

Sounds a bit heavy handed to even mention wasting police time.

[Scotman84]

Apologies to Mrs............... bit of a misunderstanding.......

Although two breath tests have tto be given, we used to class that as a single test (the higher of which is disregarded), so technically you were right. In effect, including the roadside one, three breath samples are provided, we classed it as two tests.

Sorry about that.