Jonathan : My son had some beer last night (claims just two but…) and at three this morning decided to run his friends home. Stopped and breathalised, failed taken to the police station and (very rural location so no nearby machine) was asked to provide a blood sample. It took the Doctor about an hour to arrive and take the blood. About 5 minutes later they gave him another breath test which he passed, so they returned his keys and let me take him home. He says the machine they used gave a digital readout and indicated 41 at the roadside initially, and 33 on the same hand-held machine after the blood test. My questions are:

How accurate are these digital read-out breathalyzers?

When they analyse his blood sample, will they back-calculate, or take the reading as it stands? Will his car insurance premium and will he need SR22 car insurance or DUI car insurance?

Response : If your son is charged with a DUI convictions than he would definetly be rated as a high risk drver and he would need DUI car insurance. Secondly, whether he needs SR22 car insurance or not would depend on the fact that he was involved in an accident or if he was driving without insurance or if his driving license is suspended.

The breathalyzers the police use are stringently tested before they are approved for use by the Home Office, they are usually accurate and reliable.The blood samples alcohol level will not be back calculated to the time of the suspected offence, it will be used and analyzed as is.

By the sounds of things, your son may have every chance that his blood test will come back below the legal limit of 80 milligrams of alcohol per 100 milliliters of blood. Having said that, there really is no way to predict what the outcome will be with any amount of accuracy. Especially when breathalyzer readings show that the BAC (blood alcohol content) level was so close to the legal limit and being marginally under the legal limit on the second reading.

Whether your son will be prosecuted or not will rest upon the blood alcohol content of the blood sample provided for analysis.

Good luck and let us know how you get on.

Thanks

Reader : What is drunk driving? What does blood alcohol concentration measure?

Kamlesh: This term does not accurately characterize the problems which are caused by a car-driver or a motorist who is impaired and driving under influence. The first criminal laws targeted this problem and prohibited only those who were visible drunk from driving. However, research and statistical data proved that even small amounts of alcohol can impair the skills involved in driving. It is true that this might not be the case for all drivers and thus many drivers think that they are not a part of the problem, but the levels of alcohol does affect your presence of mind which is very much necessary on the road. The correct term for this might be “alcohol- impaired driving” rather than drunk driving. If you have been caught driving whilst you are drunk or involved in an accident than your insurance risk is considered a high risk, it is a criminal offence and your license can be ceased.

A BAC indicates the amount of alcohol in a person’s blood, expressed as weight of alcohol per unit of volume of blood. For example, 0.08 percent BAC indicates 80 mg of alcohol per 100 ml of blood. A blood sample is not necessary to determine a person’s BAC. It can be measured more simply by analyzing exhaled breath.