I'm so ashamed, my son nearly killed himself, and failed a breath test

Convicted Driver Insurance

Paula

New Member
I know I should be glad that he didn't kill himself, but he had a really bad bike accident. He was bought two pints of lager at a club and after 2 hours he rode home on his bike. No other vehicle was involved. He failed a roadside breath test, but had been sick so we assumed that was why (alcohol in the mouth causing incorrect reading). a month later we were told that he had 120mg of alcohol in his blood, had failed and would probably have a 12 month ban. When he had the blood test it was 5 hours after drinking, and he had saline solution, morphine, antibiotics and gas and air in his system. The police doctor had difficulty in finding a place to take the reading from because he had two broken arms, suspected broken legs and internal bleeding. We are beside ouselves with worry, he and nobody else in the family have ever been in this position. He is an apprentice mechanic and needs to take his driving test to finish off his units (we are assuming that he can carry on with his career with his unjuries). Could his medication have affected the readings? We are so grateful he is alive, want to strangle him for putting himself in this position, but we really want to help him as much as we can.
 
I know I should be glad that he didn't kill himself, but he had a really bad bike accident. He was bought two pints of lager at a club and after 2 hours he rode home on his bike. No other vehicle was involved. He failed a roadside breath test, but had been sick so we assumed that was why (alcohol in the mouth causing incorrect reading). a month later we were told that he had 120mg of alcohol in his blood, had failed and would probably have a 12 month ban. When he had the blood test it was 5 hours after drinking, and he had saline solution, morphine, antibiotics and gas and air in his system. The police doctor had difficulty in finding a place to take the reading from because he had two broken arms, suspected broken legs and internal bleeding. We are beside ouselves with worry, he and nobody else in the family have ever been in this position. He is an apprentice mechanic and needs to take his driving test to finish off his units (we are assuming that he can carry on with his career with his unjuries). Could his medication have affected the readings? We are so grateful he is alive, want to strangle him for putting himself in this position, but we really want to help him as much as we can.

Hi Paula,

Hope your son is on the mend, Im sure he will no doubt never drive/ride after drinking alcohol ever again. As for any substance in his body affecting his blood alcohol content, your best bet would be to consult a qualified medical practitioner.

However, Im sure the police doctor would have been made aware of any substance your son was previously given that could have contributed to such a high false positive blood alcohol content and this would have been taken into account!

From what you say, your son after drinking 2 pints of lager, 2 hours later was involved in a road traffic accident, then 5 hours later he was blood tested. The blood test subsequently showed your son had 120mg of alcohol in his blood (the legal limit is 107mg). 7 hours after drinking 2 pints of lager!

From this information I can only presume that either:

a) something may have contributed towards a false positive blood alcohol content
b) the two pints of lager your son was bought may have contained more than just lager
c) your son may not have been completely honest about how much alcohol he had consumed

My advice to you would be to consult a doctor and a solicitor as soon as possible.

If your son is found guilty of driving with excess alcohol with a blood alcohol content of 120mg then sentencing guidelines suggest a driving disqualification on between 12 - 16 months.
 
Paula,

Just noticed your message. A lot of the time the procedure at the police station is flawed when a forensic medical examiner comes along to take blood. Flaws in the procedure may lead to a successful argument that the evidence should be excluded. Ultimately, if successfully argued your son would be found not guilty.

We could explore all the circumstances and provide realstic advice as to your son's prospects of succeeding for a fixed fee.
 
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