Can i be charged with a drink driving offence if i was not given a roadside breath test?

achrimsdale

better get a supply of bus timetables you are going to need them

i give up

yes if you were over limit you will be charged and good job too!! dont drink and drive

vwcarman2001

You should have asked for a urine test and then stolen it, you would only be done for taking the piiss then.

snetterton

It doesn't have to be at the roadside. The fact that you were still over the limit 25 minutes later shows you were well drunk. Hope you get a lifetime ban. You could have killed someone.

sarah1962

yes they can, all the best

anna g

yeh u probably can

SunnyDays

Get a life, don't drink and drive, you know the rules, you broke them big time, so pay the price!"

sassa63

Yes you can. Dont try to contest it or you'll make matters a whole lot worse for yourself.

Doethineb

If the officer notices you driving erratically and if, on stopping you, your eyes are glazed, your speech is slurred, you are unsteady on your feet and you smell heavily of intoxicating liquor (or any one of these standard observations made by police officers in court), then there is justification for taking you to the police station for a breath test provided that you are taken straight there. If you are allowed to go into your house (or somewhere else where there may be a supply of alcohol to which you might help yourself in the stress of the moment), then the trail has been lost. Similarly, if you can prove that you had not been driving and that there was no likelihood of your driving, you might be able to get away with it. But if you are taken from the driver's seat of a car over which you had control and half an hour later are found to be over the limit, then I don't hold out much hope for you. What you don't tell us is what the result of the test was.

johncob

You commited the crime, do the time.

webpager

Did the test, after the 25 minute drive to the police station, show you were legally drunk?

Either way, this isn't something to screw around with. This is something VERY serious and should be referred to a lawyer, not those of us who just play one on the internet.

psychoticgenius

Yes, according to PACE (Police And Criminal Evidence act 1984) if you refuse a roadside breathtest or one is not available you must be taken to a Police station with a Lion intoximeter (or equivalent) and be tested within the hour.

Taking into account the 25 minute drive you would be well inside the time limit, if you produced a positive result you will be charged and prosecuted.

Sorry.

srracvuee

why did they not give you a test at the scene was it explained and if it was 25 mins and it was neg I guess they told you results at the station they did you a favour so whats the problem unless it was pos then you were well over the top

ladypet

Yes If you were over the limit,it doesnt matter what time.It still shows you were driving under the influence.

the mofo

Simple answer is YES

and ill explain to you why.(its a bit long but worth it.)

Under the road traffic act, and the police and criminal evidence act.

A person can be arrested for a drink drive (drunk in charge, etc) offence if an officer suspects for whatever reason, that the proportion of alcohol in their body is over the prescribed limit.

The way an officer gathers this suspicion is canbe from the manner of your driving, the smell of intoxicating liquor on tou,
glazed eyes, slurred speach, or many other telling things.

A person can only be charged with drink drive section 4 or 5, once they have given a specimin of breath by means of a home office approved device, whish is the station intoximeter, or if they give a sample of blood or urine for analysis.

This is all that is require for the purposes of charge,

The roadside breath test, has specific powers attached to it. in that a police officer can, if they suspect you have had any amount of alcohol in your system and are driving.

The roadside breath-test is only an early indication, so if the officer thinks the person may not be completely over they can use the device to rule out many cases.

Stanley T

Oh Yeah! Get ready to spend some money and go to classes!

flushles

sux to be you.

trouble_906

That'll do it, you are busted dear

morgan

If your over the limit & driving then yes you will

Weed

You got caught ,

Pink Laydee

unfortunately you can.

dramaprincess

yes

http://www.starnow.co.uk/allanhatucker

David M

yes but you can beat this a good lawyer can get you off. depending on the reading of your first test. they can prov that you were below the legal level at the time of the stop and as time went on 25 min later the drink was further obsorbed in your sys making you legally drunk at the station. this is common and has been beaten 95 percent of the time. been there done that. Good Luck. but helps to prov you were with in 25 min of your destination. but ither way verry beatable.

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