Our drink limit
Discussion
Can someone settle a tea table argument
If you happen to be over and request a blood test is it the blood test that counts
Teenager is adamant in the time it takes to get doctor you could/will be back under and that's how you beat it
And no I am not advocating above under any circumstances
If you happen to be over and request a blood test is it the blood test that counts
Teenager is adamant in the time it takes to get doctor you could/will be back under and that's how you beat it
And no I am not advocating above under any circumstances
I speak not from experience but it'll be an evidential breath machine and then the choice of a blood or urine test IF you're breath reading is below a certain amount (I think). In that event, if you pass either the blood or urine test, which will take a few weeks to come back (I'm led to believe), you're off the hook.
mph1977 said:
do the not have evidential machines north of the border then ?
They do indeed. 2 tests - lower test given as evidence.There is cases of people waiting for a blood test though, obviously the extra time this takes gives whoever the chance to be under.
No idea if you can ask or insist on this test though.
I've no personal experience thanks to judgement rather than luck, but as I understand it you get arrested on the basis of the breath test but a blood or urine sample is taken at the police station for the actual charge, the lowest value being used as evidence of all methods due to the beyond reasonable doubt nature of criminal court cases.
The teenager is a muppet, btw.
Also, I'm sure I read that alcohol concentration continues to climb for a period after stopping drinking, so the time delay to blood test can actually increase your concentration levels depending on when you got busted after stopping drinking and driving off.
People quote rules of thumb, which is find, but it's not actually a linear dissipation of alcohol in the body.
The teenager is a muppet, btw.
Also, I'm sure I read that alcohol concentration continues to climb for a period after stopping drinking, so the time delay to blood test can actually increase your concentration levels depending on when you got busted after stopping drinking and driving off.
People quote rules of thumb, which is find, but it's not actually a linear dissipation of alcohol in the body.
Edited by jamieduff1981 on Friday 5th December 19:16
Mr Trophy said:
I thought you could take the machine or take a blood test?
England and Wales you can't choose , the blood and urine options are retained for situations where access to a evidential machine was impractical or where it is quite clear an evidential breath test can;t be done ( e.g. end stage respiratory disease or someone with a trachostomy)but Scotland has a slightly different set of laws.
The limit (old limit) was 35 in breath, anything upto 40 and there's no prosecution. From 40-50 you have the option to request a Blood test (where the limit is 80).
I believe it's this 80 limit (in blood) that's been dropped to 50, don't understand why this is the figure bandied around when it's a roadside breath test that's carried out first ?? Don't know what the new breath limit is as it's not been spoken about ???
I believe it's this 80 limit (in blood) that's been dropped to 50, don't understand why this is the figure bandied around when it's a roadside breath test that's carried out first ?? Don't know what the new breath limit is as it's not been spoken about ???
If you fail the roadside breath test, you go back to the station to blow again on the camic which gives you two readings, the lower of which is used. As said previously, if it's between a certain reading (I don't know what it is now, previously 35-41) you got the choice to accept it or go to blood. Never seen urine used.
Either way, you don't get the option to choose and if you fail by more, you again don't get the choice to go to blood.
To settle the argument further, it gets analysed and counted back so even if you were now under the limit at time of taking the blood, they can work out how much you had at time of being stopped.
Simples!
Either way, you don't get the option to choose and if you fail by more, you again don't get the choice to go to blood.
To settle the argument further, it gets analysed and counted back so even if you were now under the limit at time of taking the blood, they can work out how much you had at time of being stopped.
Simples!
I can't remember the numbers from the top of my head, but if above certain amount on breathalyser that = prosecution, if nearer borderline then option of blood or urine. If blood then the doctor obtaining the sample has to get your consent. If you don't give consent then no sample, which means failure to provide specimen. The chain of evidence has to be maintained and this mioght be where errors arise. The timing isn't an issue, can be worked back from time of sample, and even in remote places there's often little delay in getting doctor to take sample.
DOI do some police doctor work.
DOI do some police doctor work.
The law in Scotland and England is basically the same for this purpose. Putting things very simply, without going into the complexities and other issues:
If your count is under 50 on the CAMIC device at the Police Station then you need to be advised as to the option to provide a blood or urine sample. If you wish to do so, and you think you should in view of our new limit, then you need to request this. THE POLICE OFFICER decides if it is to be blood or urine. NOT YOU. if a successful specimen is provided, as required, then that specimen counts not the breath.IF it is not successful, e.g., you can't pass urine within the time specified then the breath counts.
The 50 option limit has not been varied by the changes to the breath limits. In practice our limit has been halved for breath from 40, due to a screw up by the Lord Advocate at the time, to 20 under the new law. Again very simply, 20 would be about half a pint of normal beer or slightly more, but less than a pint. AS your body dissipates alcohol at about 1 unit per hour after the first hour, then roughly 15 minutes could save a quarter of a unit or about 3-5 in breath count. This is all VERY approx and simplified. Don't take it as definitive.
If i was stopped and my lower count was say 24 I would be asking for the option!
If your count is under 50 on the CAMIC device at the Police Station then you need to be advised as to the option to provide a blood or urine sample. If you wish to do so, and you think you should in view of our new limit, then you need to request this. THE POLICE OFFICER decides if it is to be blood or urine. NOT YOU. if a successful specimen is provided, as required, then that specimen counts not the breath.IF it is not successful, e.g., you can't pass urine within the time specified then the breath counts.
The 50 option limit has not been varied by the changes to the breath limits. In practice our limit has been halved for breath from 40, due to a screw up by the Lord Advocate at the time, to 20 under the new law. Again very simply, 20 would be about half a pint of normal beer or slightly more, but less than a pint. AS your body dissipates alcohol at about 1 unit per hour after the first hour, then roughly 15 minutes could save a quarter of a unit or about 3-5 in breath count. This is all VERY approx and simplified. Don't take it as definitive.
If i was stopped and my lower count was say 24 I would be asking for the option!
Interesting article on the attitudes of people near the border to the new limit: http://www.bbc.co.uk/news/uk-scotland-30290601
I'm surprised they couldn't find any detractors to the new law but I'm glad the attitude that it's best not to drink anything before driving is so prevalent
I'm surprised they couldn't find any detractors to the new law but I'm glad the attitude that it's best not to drink anything before driving is so prevalent
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