Borderline breath test
Borderline breath test
Author
Discussion

pbirkett

Original Poster:

20,595 posts

302 months

Thursday 2nd February 2006
quotequote all
Just found out a friend of mine was breathalised today and was found to be over the limit... but was somewhat borderline - he reckoned it read 43 and the limit was 33.

He was blood tested 40 minutes or so after.

What is the chance that will come back under the limit? If it does, what is the likely outcome?

Not me BTW .

ylee coyote

420 posts

266 months

Thursday 2nd February 2006
quotequote all
sorry 43 on a pass of 33 is not borderline
very likely he will fail
and a nother drunk bites the dust
no excuse ....
At least a one year ban and sky high insurance to look forward to...

pbirkett

Original Poster:

20,595 posts

302 months

Thursday 2nd February 2006
quotequote all
OK, I thought as much - thats what I've been telling him to expect.

purpleheadedcerb

1,143 posts

252 months

Thursday 2nd February 2006
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Where was it? Some don't prosecute unless over 40 (ISTR). If it was quite a while since he had a drink then his levels could have been falling, conversely if it was fairly recent then the 43 figure may rise.

ProPlus

3,810 posts

270 months

Thursday 2nd February 2006
quotequote all
I believe its up to the discression of the police force who stopped him, one I know of (south yorkshire, but that another story) won't prosecute unless over 40 so at the moment its a case of take it on the chin, 9 month ban with a chance to take a course (if pleading guilty) and a fine, otherwise it will be a 12 month ban as standard..... of course providing he hasn't been done in the last 10 years and then its a standard 3 year ban.

Sorry to be the bearer of bad news.

I got done after a pint and a half...... its not big and clever and I know many people who would happily drive after 2 or even 3, I learned the lesson the easy way..... ie only me that got done and I didn't injure anyone, although I didn't feel any affects of the booze, but hey no excuses, its something I learned from and its made me a better person...

pbirkett

Original Poster:

20,595 posts

302 months

Thursday 2nd February 2006
quotequote all
purpleheadedcerb said:
Where was it? Some don't prosecute unless over 40 (ISTR). If it was quite a while since he had a drink then his levels could have been falling, conversely if it was fairly recent then the 43 figure may rise.



It was in Blaydon, Tyne & Wear.

What he told me was: He started drinking a bottle of wine at 5ish. Finished at 6ish. What he did not make clear to me was whether the blood test or the breath test was performed, but he said it was 9ish when he got caught. He also claims he had a large meal after the wine.

Problem is, he has told me so many lies in the past about so many different things that I dont really know what to believe.

I also think there may have been a possibility he may have had a spliff as well, but if he did, he did not mention that to me: Would they also look for this on the blood test?

pbirkett

Original Poster:

20,595 posts

302 months

Thursday 2nd February 2006
quotequote all
I've just spoke to him, and he had unfortunately also had a smoke.

supermono

7,464 posts

278 months

Thursday 2nd February 2006
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I wonder if he was one of the new breed of drunk/stoned drivers happy in the knowledge that they'll probably get away with it now that there are no police on the roads?

I'm pleased he's going to be banned. But I guess if he knowingly flouted the drink/drive law, he'll have no problem driving whilst disqualified, happy in the knowledge etc, etc.

SM

pbirkett

Original Poster:

20,595 posts

302 months

Thursday 2nd February 2006
quotequote all
supermono said:
I'm pleased he's going to be banned. But I guess if he knowingly flouted the drink/drive law, he'll have no problem driving whilst disqualified, happy in the knowledge etc, etc.


To be fair he knew the risks, and got caught - fair enough... I will say this much for him though, I know he wont continue to drive while banned, he's just not the sort. I'm guessing he did think he could get away with it though, never mind...

chrisgr31

14,285 posts

285 months

Thursday 2nd February 2006
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Drinking a bottle of wine and driving 3 hours later is remarkably stupid and shouldn;t be a surprise he is over the limit, although of course he was unlucky to find a traffic car to stop him.

Deserves what he gets and as said likely to be large fine and 12 month ban possibly reduced to 9 months if he attends the course and gets told he is a naughty boyetc.

ProPlus

3,810 posts

270 months

Thursday 2nd February 2006
quotequote all
supermono said:
I wonder if he was one of the new breed of drunk/stoned drivers happy in the knowledge that they'll probably get away with it now that there are no police on the roads?

I'm pleased he's going to be banned. But I guess if he knowingly flouted the drink/drive law, he'll have no problem driving whilst disqualified, happy in the knowledge etc, etc.

SM


Hey no need to be like that, Im not defending all people but I in no way was drinking and driving knowing I would probably get away with it, I honestly thought the amount I drank wasn't over the limit and got stopped at a random test stop.

End of story, there is no need to tar everyone with that brush, yes I was stupid and have learned that if Im ever near the car its soft drinks from now one, but how many people out there have just the one and drive thinking they are under when in all possibility they aren't.

egomeister

7,603 posts

293 months

Thursday 2nd February 2006
quotequote all
ProPlus said:
supermono said:
I wonder if he was one of the new breed of drunk/stoned drivers happy in the knowledge that they'll probably get away with it now that there are no police on the roads?

I'm pleased he's going to be banned. But I guess if he knowingly flouted the drink/drive law, he'll have no problem driving whilst disqualified, happy in the knowledge etc, etc.

SM


Hey no need to be like that, Im not defending all people but I in no way was drinking and driving knowing I would probably get away with it, I honestly thought the amount I drank wasn't over the limit and got stopped at a random test stop.

End of story, there is no need to tar everyone with that brush, yes I was stupid and have learned that if Im ever near the car its soft drinks from now one, but how many people out there have just the one and drive thinking they are under when in all possibility they aren't.



Yeah, but this guy didn't have just the one. Well he did, but it was a bottle of wine...

supermono

7,464 posts

278 months

Thursday 2nd February 2006
quotequote all
ProPlus, I'm sorry -- my post wasn't aimed at you at all. It was aimed at the op's friend.

SM

ProPlus

3,810 posts

270 months

Thursday 2nd February 2006
quotequote all
supermono said:
ProPlus, I'm sorry -- my post wasn't aimed at you at all. It was aimed at the op's friend.

SM


No probs supermono, Its still a sore subject, but everyones story is different, those that blatantly break the law deserve all they get, I was just unlucky but deserved everything I got and took it on the chin and just dealt with it.

In my year off, I have persuaded many of my friends that it just aint worth it and they have taken note, although some still think its ok for 2 or 3 and then drive home, I sincerley hope they don't have to go through what I did, but they have been warned....

In some ways Im glad I got caught, it was a wake up call that I needed.... I have some good friends that have helped out when I needed them and I hope I never have to repay the favour back to them.

Although Op's friend does seem to be an idiot for doing it, and smoking as well, he was just very lucky.... It could have been so much worse.

^Slider^

2,874 posts

279 months

Thursday 2nd February 2006
quotequote all
Limit is 35 in breath.

In TVP 35 / 39 no further action
40 / 45 you have the option of blood or urine over 45 then we dont offer that option.

Limit in blood is 80 and there is no flexibility if you have a level of 81 you get done.

jap-car

775 posts

280 months

Thursday 2nd February 2006
quotequote all
chrisgr31 said:
Drinking a bottle of wine and driving 3 hours later is remarkably stupid and shouldn;t be a surprise he is over the limit, although of course he was unlucky to find a traffic car to stop him.


Not that outrageous. I think a bottle is something like 7 units. Your body gets rid of around a unit per hour, which after 3 hours leaves 4 units compared to the legal limit of 3. That would make him marginally over... which he was. I know this is a rough calc with other variables coming into play but he wouldn't have been trolleyed (on drink anyway).

>> Edited by jap-car on Thursday 2nd February 12:37

greenv8s

31,024 posts

314 months

Thursday 2nd February 2006
quotequote all
As far as I'm concerned, your friend has had a lucky escape if he was caught driving while over the limit: he's only looking at a fine/ban and not having to live with having killed/injured somebody. I have no sympathy at all for people who drive while drunk, and only a little sympathy for people who guessed that they were under the limit and then found they were over it.

I have a low tolerance for alchohol so I never drink at all if I'm driving. I don't know how I would cope with killing/seriously injuring somebody, but I think that it would be much harder to cope with if the accident was my fault. If I ever find myself in that horrible position then I hope that at least I will not have done anything stupid to cause it - such as being drunk at the time.

havoc

33,456 posts

265 months

Thursday 2nd February 2006
quotequote all
pbirkett said:
What he told me was: He started drinking a bottle of wine at 5ish. Finished at 6ish. What he did not make clear to me was whether the blood test or the breath test was performed, but he said it was 9ish when he got caught. He also claims he had a large meal after the wine.

I also think there may have been a possibility he may have had a spliff as well, but if he did, he did not mention that to me: Would they also look for this on the blood test?

Then he should be banned. Absolutely zero sympathy.

A bottle of wine is actually more like 10-11 units, depending on strength. Up to the user to know that. Simple calculation too - Stella, for example, is 3units/pint, wine is ~2.5 times as strong and about 1.4 times the quantity. 3 x 2.5 x 1.4 = 10.5 units.

And to have a joint as well? That's taking the p'ss and deliberately endangering other road users. Well, the whole lot is, actually.

jap-car

775 posts

280 months

Thursday 2nd February 2006
quotequote all
havoc said:
pbirkett said:
What he told me was: He started drinking a bottle of wine at 5ish. Finished at 6ish. What he did not make clear to me was whether the blood test or the breath test was performed, but he said it was 9ish when he got caught. He also claims he had a large meal after the wine.

I also think there may have been a possibility he may have had a spliff as well, but if he did, he did not mention that to me: Would they also look for this on the blood test?

Then he should be banned. Absolutely zero sympathy.

A bottle of wine is actually more like 10-11 units, depending on strength. Up to the user to know that. Simple calculation too - Stella, for example, is 3units/pint, wine is ~2.5 times as strong and about 1.4 times the quantity. 3 x 2.5 x 1.4 = 10.5 units.

And to have a joint as well? That's taking the p'ss and deliberately endangering other road users. Well, the whole lot is, actually.


Ok - if a bottle is 11 units then I was wrong and he was stupid.

Davi

17,153 posts

250 months

Thursday 2nd February 2006
quotequote all
and to think I worry if I have a GLASS of wine with dinner 5 or 6 hours before driving

Just dont get the need to drink & drive, period. You want to drink, hang the keys up, you want to drive, put the alchol away.