As title suggests,it is only used to indicate blood levels,then at the station the legal reading used from the urine and blow machine in the nick.A Polish man as apllied for legal aid to fight a case where he drunk more alcholol when he got home,the reading was much higher than the previous road side test.He was then over the legal limit,but the car was parked up,and he was sat at home.Will he win the case or not?
A docu on Tv showed a foreign driver who was parked in the port,and had a bottle in the cab,over the limit,but not moving out of the port.The police had a higher reading after he got through customs,as he swigged it down,then was parking up.
Toby I’m really not quite sure what you’re saying there? Maybe you’ve been drinking?
If a driver is breathalysed whilst in charge of a vehicle or driving it on the public highway or in any other place the public has access to and the beathalyser indicates postive, they will be arrested on the spot & taken to the police station where the intoximeter (or whatever they call it these days) will be used to provide a more accurate breath analysis. Two readings are taken, the lower of the 2 are used for evidence.
When you cease drinking, the the level of alcohol in the blood stream continues to rise for a short while as it is absorbed.
toby1234abc:
A Polish man as apllied for legal aid to fight a case where he drunk more alcholol when he got home,the reading was much higher than the previous road side test.He was then over the legal limit,but the car was parked up,and he was sat at home.Will he win the case or not?
I’m afraid I don’t understand this either, there’s no way you would fail a breathalyser test and be allowed to go home before going to the station for a second test and blood sample
As Driveroneuk said you’re arrested on the spot if you fail a breathalyser, I would say you’re right about the roadside breathalyser being only a guide and I doubt you could be convicted on that alone but it is enough to get you arrested and taken into custody for further and more accurate testing
I believe you can be prosecuted for drink driving even if you’re found away from the vehicle if it can be proved that you must have been over the limit whilst driving and I believe there have been cases where this has happened.
“used to indicate blood levels”■■ why is it not callad a bloodalyser then
The breathalyser used at the roadside gives the policeman some indication that you may be over the limits prescribed, then you are arrested and have to use the calibrated Lion Intoximeter in the nick.
Toby has been at the cooking sherry again because the breathalyser measures blood alcohol content with a breath sample. The driver is then arrested and taken straight to the station, blows into the machine & DNA taken. Modern analysis can backtrack your results and tell you exactly how ■■■■■■ you were at any given point. You can ask for a blood test, but that will only confirm the results of the Lion machine.
So although Toby has confused this story, a driver who has had an accident, who then goes home to drink 2 bottles of Vodka could still be done for drink driving if he had been “at it” earlier in the day
I think what you are referring to is commonly known as the ‘hip flask’ defence, where since the time of driving the driver has subsequently consumed enough alcohol to put him over the legal limit before then being breathalysed. In such a situation a driver will likely still be arrested and charged as what the prosecution will then do is apply a back-calculation formula (based on a scientifically proven rate of alcohol absorbtion) to then ascertain the alcohol level at the original time of driving, prior to arriving home.
how is your breath relevent to your blood
The breathalyser measure the level of alcohol in your breath not your blood. this then give the indication that you might be over the limit, also you can’t automatically request a blood sample to be taken, there only done in certain circumstances.
Driveroneuk:
Toby I’m really not quite sure what you’re saying there? Maybe you’ve been drinking?
I’m not sure what he’s saying either.
Driveroneuk:
If a driver is breathalysed whilst in charge of a vehicle or driving it on the public highway or in any other place the public has access to and the beathalyser indicates postive, they will be arrested on the spot & taken to the police station where the intoximeter (or whatever they call it these days) will be used to provide a more accurate breath analysis. Two readings are taken, the lower of the 2 are used for evidence.When you cease drinking, the the level of alcohol in the blood stream continues to rise for a short while as it is absorbed.
Thats a good description of the process. You ommitted that many people will be done who have passed a test based on what they have said to an officer when questioned about when they last had a drink and how long they have driven for.