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

Keith Baxter: I was involved in an auto accident but did not know what to do?

Response : When you are involved in an auto accident there are 6 main steps that are recommonded which you should follow :

1. Stop your car and talk to the other driver. Call the police if necessary. If you have ever been involved in drunk driving previously, it is in your best interest to go for a breath test or BAC so that you have a record there. If it is a minor accident you can exhcange telephone numbers and other details like insurance.

2. Evaluate and decide whether you want to report this as a claim. However, it is best to notify the insurance company since there can be complications after-wards. If you do not report the accident, you will naturally save your premium.

3. Fill out your “What to do after an accident worksheet. This will give you evey detail of the accident documented. Its best to find witness who are willing to back-your story to the insurance company.

4. File the claim as soon as possible with your insurance company, irrespective of whether it was  your fault. Your insurance company will handle the claim process as your lawyer. Do not make any misrepresentation. Misrepresentaiton changes your risk to high auto risk.

5. Corporate with your insurance company and provide all the documents that they require. Most insurance companies have excellent claims personnel who would cooperate with you. 

6. Get your car repaired, only after the insurance adjustor advices you and he has done the due diligence required on his part. A lawyer should be hired only if you need one.

Your claim settlement will be very easy without stress. If you are required please maintain your SR22 insurance at all times.