Drink Driving: Blood test?
Hi there,
Someone said this down the pub the other day and I was wondering if it was true.
If you are caught drink driving on the way home and you suspect you are over the you can refuse a breathe test. Once you are back at the station you can ask for your lawyer to be present? This can help you 'sober up' and pass the blood test.
I in no way condone drink driving and think it would be a bit of a loop hole in the law if this were possible.
Thanks,
Answers:
Nope absolute cobblers! Like a lot of "a bloke down the pub said..." kind of things I suppose. You are right, it would be a rather obvious loop hole if it existed.
While you have the right to legal advice that right does not allow for the delay of procedures requiring the provision of samples under the Road Traffic Act.
This is quite clearly stated on the summary of rights and entitlements an individual is given upon their detention being authorised at the station.
Refusing to provide samples when requested because you want a solicitor present is virtually guaranteed to see you being charged with failing to provide, which most courts will treat more seriously than if you were over the limit.
More than likely, by the time you get the blood test you will be drunker, because the drinks in your belly will be in your bloodstream by then.
Best bet is to not drink and drive, but if you do and get caught, submit to the breath test.
It's called DRUNK DRIVING! You sure you haven't been hitting the bottle already?
You can ask for a lawyer (in Missouri) when you get to the station prior to agreeing to take a breath or blood test. You get 20 minutes to contact an attorney and make a decision.
At the end of the 20 minutes, if you do not agree to take the breath or blood test, it counts as a refusal, and you lose your license for a year.
One's BAC will not drop enough in the 20 minutes to hurt the criminal or civil cases against the defendant.
This is difficult as alcohol stays in the bloodstream for 12 hours. So unless the solicitor is delayed in traffic, I don't think your suggestion will work.
It's true that (in the US) you can refuse the breath test. But, that means you get an automatic 1-year suspension on your license even if they don't ever get proof. So, while you may not get convicted, you won't be able to drive either way.
Refusing to give a breath test is an instant 12 month ban!!
i got this and wasn't even driving the car!!
It goes on your record if you refuse to have a breathe test - i believe.
i was watching the police documentaries and this particular guy had to have one - and it took about 20 minutes to the police station then they had to go through all the process of booking him in and then do the blood test - believe it or not he was cleared eventually as being in the safe . No wonder why
No, wrong.
If you refuse to give a sample of breath for a second time, you are automatically charged with drink driving. There is no 'get out clause', fortunately.
Yes you can refuse.but it will be held against you in the court. eg...you refused because you are guilty
It all depends on the jurisdiction and how they get you a blood test. It has to be performed by a licensed person and if one is not handy it could take 2 to 4 hours. In that amount of time your blood alcohol level will diminish significantly. Enough that a good attorney can utilize the results to help you. Don't blow ever and almost everyone has started filming you once the squad car lights come on. So sober up fast and keep your mouth shut. It would be a shame to walk into court and watch yourself act stupid on camera.
Yes, you can refuse a breath test, but you will then be arrested on suspicion of driving whilst under the influence.
Your blood test delays the procedure so - yes, if you are borderline over the limit, it may be possible that the blood test shows an "acceptable" level of alcohol in your bloodstream. However, chances are that the blood test will be conducted as soon as is practicable - they aren't going to let you sit around for hours to sober up before testing you, so it isn't likely to get that many people off the hook. And the bit about waiting for a lawyer to be present - think the answer above by the erudite individual about failing to provide a specimen gives the most complete and clear picture.
Which can only be a good thing - drink drivers are incredibly selfish individuals, who do not deserve the privilege of a licence.
no way if anything it will test higher. you should take a taxi or have a friend drive you home. it tkes at least 12 hours for it to clear your system....
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