Being breathalised
Discussion
Hi.
I understand that if a person it to be tested for sobriety using a breathaliser, the person being tested should not have consumed alcohol or smoked a cigarette within 20 minutes before testing, otherwise the reading will not be accurate, and the machine possibly damaged.
Now, there's no law that says a person can't smoke outside, or in their car.
So if one was pulled and asked to provide a breath sample, you could agree to do so, but spark up a fag first. You are still willing to provide a sample.
Presumably you could then keep on chain smoking?!
Simon.
I understand that if a person it to be tested for sobriety using a breathaliser, the person being tested should not have consumed alcohol or smoked a cigarette within 20 minutes before testing, otherwise the reading will not be accurate, and the machine possibly damaged.
Now, there's no law that says a person can't smoke outside, or in their car.
So if one was pulled and asked to provide a breath sample, you could agree to do so, but spark up a fag first. You are still willing to provide a sample.
Presumably you could then keep on chain smoking?!
Simon.
Errrr....who cares?
Maybe you could. I imagine after the second fag anyone would be feeling fairly sick. There is also the possibility that its obstructing an officer carrying out his duty - which is another offence.
I've only been breathalysed once. I cooperated. The nice gentleman of the law switched the thing off almost right away so convinced was he by my helpful attitude that the machine would return a negative result. I went on my way.
Maybe you could. I imagine after the second fag anyone would be feeling fairly sick. There is also the possibility that its obstructing an officer carrying out his duty - which is another offence.
I've only been breathalysed once. I cooperated. The nice gentleman of the law switched the thing off almost right away so convinced was he by my helpful attitude that the machine would return a negative result. I went on my way.
bigdods said:
Ok, so this is the maddest topic I have seen yet. Drinking and driving is stupid, dangerous and just SO wrong. I can appreciate wanting to avoid speed cameras, but a discussion on how to get away with drink driving ? Jeez.
I thought that at first: but reanimate convinced me it was a discussion about how Chavs might try to...and what would be done to ensure they fail.
Personally I reckon if you're stopped and plod wants to breathalyse you? You'd better cooperate because you've got no chance if you decide not to. It will be "arrest on suspicion", down the nick and a test you can't avoid in short order.
The only time I have seen someone breathalised was with a mate from uni.
We had just left the pub and he had finished his (only) pint so it was within about 10 mins of having a drink.
We stood around for the remaining 10 minutes, making small talk, with the nice officer. He was then breathalised, passed and we were sent on our way.
I would assume if he had tried to smoke or have a drink in that time it wouldn't have gone the same way.
We had just left the pub and he had finished his (only) pint so it was within about 10 mins of having a drink.
We stood around for the remaining 10 minutes, making small talk, with the nice officer. He was then breathalised, passed and we were sent on our way.
I would assume if he had tried to smoke or have a drink in that time it wouldn't have gone the same way.
If it came to the knowledge of the officer that said offender had partaken of alcohol or inhaled the nicotine weed within the prceedings twenty minutes he could ask you to wait for the purposes of the test until said twenty minutes has passed and then ask said person to blow. Failure to wait, light up etc etc would result in the officer placing his hairy hand on said collar for a refusal and whisking person away to nearest lock up with testing equipment. High Court case has given this authority to do so and under similar circumstances where test delayed (R v Wagner) but as yet I haven't located it.
dvd
dvd
As far as I remember, it's no alcohol in receding 20 minutes, no cigs in previous 2 mins.
The no alcohol actually goes in your favour, as it allows "mouth alcohol" to dissipate, so if you'd only had, say, a half, you'd definitely show under after waiting. Doing the roadside test straight away would put you over on mouth alcohol.
The no alcohol actually goes in your favour, as it allows "mouth alcohol" to dissipate, so if you'd only had, say, a half, you'd definitely show under after waiting. Doing the roadside test straight away would put you over on mouth alcohol.
I was pulled in the early 90's (I was stuck behind a couple of OAPs for miles and miles then outbreaked them at a r/b and went on my way - how I didn't see the police car behind that had been following for miles I'll never know!) and breathalised - I'd had nothing to drink that day but a heavy evening prior so was a little worried.
Didn't even register and was sent on my way, but a good lesson all the same.
Didn't even register and was sent on my way, but a good lesson all the same.
Prof Beard said:
What is the issue with smoking - what effect does it have on the reading/device - does anyone know?
Try this useful little site
http://science.howstuffworks.com/brea
There are chemicals in cigarettes and other tobacco that can give an eroneous reading on the machine in the immediate moments preceding inhaling smoke.
The form states that the officer should ask the supsect if they have smoked in the last two minutes prior to administering a test. To wait 5 minutes would make absolutely sure there is no element put through the machine that could make the reading wrong.
It is not an offence to blow a positive roadside test. A positive roadside test is just an indication that the alcohol content of the suspect may be over the limit and provides the evidence to arrest. The roadside test is a screening test only. It is usually the case that the second test at the police station will almost certainly be longer than the 20 minutes from the point of being stopped. Failing to provide a roadside test or refusing without reasonable excuse is an offence for which the suspect could be charged on a seperate charge, even if at the police station, the reading on the evidential machine reveals the subject is under the limit.
The punishment for refusing/failing to provide the roadside test will not see you disqualified providing that you do not blow over the top at the nick. It is not usual practice to charge failing to provide at the roadside and driving over the limit if the station test is positive. Normally fail to provide at the roadside is only charged if the suspect appears to be messing around throughout the whole procedure and is less than co-operative at the nick with everything else!
Fail to provide on the evidential machine at the nick will see you diqualified if found guilty. The evidence that the person failed within the time limit allowed is not difficult because the whole process is tape recorded!
>> Edited by mg6b on Sunday 19th February 14:43
The form states that the officer should ask the supsect if they have smoked in the last two minutes prior to administering a test. To wait 5 minutes would make absolutely sure there is no element put through the machine that could make the reading wrong.
It is not an offence to blow a positive roadside test. A positive roadside test is just an indication that the alcohol content of the suspect may be over the limit and provides the evidence to arrest. The roadside test is a screening test only. It is usually the case that the second test at the police station will almost certainly be longer than the 20 minutes from the point of being stopped. Failing to provide a roadside test or refusing without reasonable excuse is an offence for which the suspect could be charged on a seperate charge, even if at the police station, the reading on the evidential machine reveals the subject is under the limit.
The punishment for refusing/failing to provide the roadside test will not see you disqualified providing that you do not blow over the top at the nick. It is not usual practice to charge failing to provide at the roadside and driving over the limit if the station test is positive. Normally fail to provide at the roadside is only charged if the suspect appears to be messing around throughout the whole procedure and is less than co-operative at the nick with everything else!
Fail to provide on the evidential machine at the nick will see you diqualified if found guilty. The evidence that the person failed within the time limit allowed is not difficult because the whole process is tape recorded!
>> Edited by mg6b on Sunday 19th February 14:43
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