Drink Drive

Convicted Driver Insurance

alistair2210

New Member
Hi

I have just been arrested in connection with an offence of drink driving. There were 3 peope in the car, I was arrested walking along the pavement, I did not have car keys on me.
When I got to the station the breath machine failed to work correctly, the officer was told to leave the door open and reset it by the custody sargent, it failed to reset. I was then told I could provide a blood sample, which I agreed to, a while later I was told I did not have an option and had to give urine, i refused.
I have been bailed to return.
Is there any advice you can offer in relation to this please?

regards

alistair kerr
 
If the police have reasonable grounds to suspect you were driving the vehicle whilst unfit through drink then they are entitled to arrest you and request a specimen of breath. If the breath machine is not functioning correctly then they are entitled to ask you for a specimen of blood or urine. You do not have the right to insist on whether it should be blood or urine that is taken and this is a decision that the police are entitled to make irrespective of your preference. Once they request a urine sample you then have 1 hour from the initial request within which you must provide two separate samples of urine. If you fail or refuse to provide two separate samples then, providing the police can show that they have followed the appropriate procedure, you have committed an offence of Failing to Provide a specimen for analysis. The only defence to this is that you had a reasonable excuse for not providing, for example a medical condition that physically prevented you from providing the two samples of urine.

If the police can prove beyond all reasonable doubt that you were driving the vehicle then this offence carries a mandatory disqualification for a minimum of 12 months but the sentencing guidelines suggest a ban of 2 years as a starting point. In addition the offence carries a maximum of 6 months imprisonment.

On the other hand, if you can establish on the balance of probabilities that you had not driven the vehicle then, whilst you may still be guilty of the offence of Failing to Provide, the court have a discretion not to ban you but instead to give you 10 penalty points.

If you had provided the two urine samples then the police would have had to prove beyond all reasonable doubt that you had driven the car before you could be convicted of any offence.
 
Hi Sean

Thanks for your responce.

Just another question, I havent been charged with anything yet, should the police have charged me for failing to produce a sample at the time?

regards

alistair kerr
 
Under the Police and Criminal Evidence Act the police are required to make a decision about charge as soon as possible. However, if there are further enquiries for them to make then they are entitled to postpone any decision about charge by bailing you to reattend the police station on a future date.
 
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