Blood test result following breath test

james122
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Joined: Mon May 04, 2020 2:34 pm

Blood test result following breath test

Postby james122 » Mon May 04, 2020 2:42 pm

Was recently stopped for roadside test which was 0.056 and then back at the station it was registered 0.61
I requested a blood test which was completed around 1.5 hours later. I had not had anything to drink for approximately 2 hours since the secondary breath test.
I got a notice abut a week later saying that the fine had been withdrawn and the officer had been instructed to issue a new one. I cant work out how its possible the reading could be higher than the original or if there are other details on the notice that aren't correct.
Any experiences?

Hardy
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Re: Blood test result following breath test

Postby Hardy » Mon May 04, 2020 7:05 pm

The reason police are directed to never tell drivers the result of the roadside breath test is because of people like you. You need to forget you were told that reading, because it is irrelevant.

The police will issue a ticket based on the breath test result - 0.61% in your case although I find that impossible to believe. More likely it was 0.061%.
The blood test result is your problem - the police aren't interested in that.
If the police are issuing a new ticket that is because there was an error in the first one. Maybe they are correcting the 0.61 to 0.061. Take a look at the result of analysis which you were given by police and you will see the result is 0.061%.

If a notice does not comply with the law then it is probably not an infringement notice capable of cancelling your licence.

james122
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Joined: Mon May 04, 2020 2:34 pm

Re: Blood test result following breath test

Postby james122 » Mon May 04, 2020 7:45 pm

Thanks sincerely for the reply. Yes you're absolutely correct, the reading at the station was 0.061. The officer told me later the roadside was 0.056 which as you suggest is not important.

I guess my question is for what reason/s would they have cancelled the original and stated that the informer has been instructed to issue a new one? Are you suggested the result of the blood test is not even relayed to them and is likely to have nothing to do with the cancellation of this notice? I cant see any gleaming errors in the infringement notice. I find it all but impossible to believe the bloods test could be higher than the recorded breath (and Im staggered it was even over hence the request for bloods).

I rang the number on the letter and there were no outstanding fines and nothing had been reissued in the system.

Gravy
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Re: Blood test result following breath test

Postby Gravy » Mon May 11, 2020 10:33 am

The level of alcohol in your blood continues to rise for quite some time after you had your last drink, 30 - 60 minutes according to a few sources. Think about it; you drink the alcohol rather than inject it intravenously, so it has to make its way through the small intestinal wall and into the blood stream, which takes time. As I understand it, it's quite normal for the evidentiary test to return a higher BAC than the roadside test.

The cancelled infringement may have something as simple as a technical error (like a digit out of place in a legislative reference). You would probably need to be a lawyer to find such a thing.

In all likelihood the blood test will show a lower BAC than the evidentiary breath test, but that doesn't really matter.

Hardy
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Re: Blood test result following breath test

Postby Hardy » Mon May 11, 2020 10:41 pm

When you get the second ticket you will see the difference. It won't be in the breath alcohol reading - they won't ever change the result of analysis because it is what it is. Usually they make a mistake in the fine amount or the payment deadline - neither of which you would notice.

The first breath test is to tell them whether or not alcohol is present. The reading is irrelevant.
The second test is used in court.
The blood test is not used unless you want it to be used in your defence. Then they'll get theirs tested to refute anything you want to say about the inaccuracy of the breath test. The blood test can not replace the breath test unless the breath test is wrong. So the blood test result either supports the breath test or it refutes it. I have been doing this for 29 years and never seen a case where the blood test demonstrates that the breath test result is not reliable. There is a Supreme Court case that describes how hard it is to get a blood test result that shows the breath test machine produced an unreliable result. I'll see if I can find it....


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