Tim W

iTrader: (1)

As 'tis the season for a higher than average number of roadside breathtests I have a hypothetical situation.

Failing to provide a sample of breath at the roadside, I believe carries a fine of up to 3000 quid and 4 points on your license.

However, what happens if you have a medical condition, such as chronic asthma, which means that you are unable to successfully provide a breath sample?

Before some smart **** says it no, I have not been stopped, and no, I do not drink and drive. It is a serious question that I am sure could affect a number of innocent people reading this site.

2000TLondon

I would like to think that if it was obvious you were willing to give a sample, but physically couldn't, you would probably be asked to the station for a blood or p155 test. You wouldn't, i think / hope, be arrested, surely.


You would still be able to do the proposed "drug-driving" test though, hop-skotch, hand-stands, counting to fifty thousand, etc....

Tim W

iTrader: (1)

Worryingly it doesn't seem to be the case...

http://www.thisisbradford.co.uk/brad...ews01.int.html

G-STAR

That's disgusting. Surely someone should have used common sense and dealt with the issue in a more appropriate manner.

warrenm2

think its more points for failing to provide. And yes, having asthma etc is a valid excuse not to breathe. Got to be backed up by previous medical evidence, otherwise every chav would claim he cant breathe (as 10 pcs sit on him) And in the above case, they should have released him after the blood test, unless there was something else going on.....

DavidBrown

While I don't condone drink driving in ANY WAY SHAPE OR FORM, I gather the "preferred" procedure by those that do, is to refuse a breathalyser test but instead request a blood sample to be taken.

Since the blood sample is taken by a doctor which can take some time to arrive, this gives the suspect plenty of time to do a "work out" (star jumps, jogging on the spot) in their holding cell to purge the alcohol from their bloodstream.

My partner spent a couple of months doing some work gathering stats for the government in police stations, and this was common practice.

Little Miss WRX

With regards to the asthma thing, I know that if my asthma is pretty bad and Ia m unable to do something like provide a sample of breath the last thing I would be doing is driving.......

Also, if I was unable to provide a suitable sample, I would have no issue with taking my inhaler in order to ensure I was able to do so for a police officer. Failing that (I would at this point be considering going to see a doctor or getting to hospital ) I would then have no issue getting to a police station to provide a blood sample.

Over in Australia there are lots of RBT's - Random Breath Tests I think that they would be a fantastic thing to introduce over here.

lmsbman

As someone who carries out these tests, you soon get to recognise those that are genuinely trying to provide a sample but can't. If you suspect someone has been drinking and they are unable to provide a roadside sample, then they will be arrested. They are taken to the Police Station, where they are asked to provide two further samples of breath. If, at this stage they are "unable" to provide, as opposed to "unwilling", then the officer can decide if a different sample is necessary. Obviously, if a person produces inhalers or is weezing like the bloke in the smoking advert, then it is an easy decision. The newer breath test machines give a read out of how much air a person has exhaled from their lungs. If they have made no great attempt and there are no obvious medical reasons, they will be charged for failing to provide a sample. If there is any doubt, then I will always err on the side of caution and offer a blood test.

As for that disabled chap in Bradford, either the Police have made a huge cockup, or there is more to the story than has been reported. Once he has given his sample, there is no power to detain him any longer. If you provide a breath sample with a high reading, then you can be detained until such time as you are sober enough to understand the charge. You must then be bailed and released, or if it is serious enough/repeat offence, you may be kept in custody to appear at the next available court. In the disabled blokes circumstances, he should have been released straight after giving the blood sample and bailed to return to the Police Station at a later date when the blood results would be known.