New Breathalyser rules - Mr X
tinyurl.com/cd4e8n

So the road side test is ONE HUNDRED PER CENT accurate then ?
No possibility of error or improper use. ?
Miscarriage of justice.... seems that not an issue if you are of the criminal class known as ' Motorist ".
New Breathalyser rules - FocusDriver
From the article:
'However, we know we must do more to tackle this serious issue. We are currently considering a range of options to further cut the tolls of deaths on our roads, including looking at how to make it easier for the police to enforce against drink driving.'

But, as I understand it, the blood tests exist because they act as a second avenue of evidence. Cutting that out, when breathalysers are fallible, can't be seen as any sort of improvement by anyone except the Office for National Statistics.
New Breathalyser rules - Mr X
I regarded the blood test not as an attempt to get a lower reading but as a back up to ensure the first test was correct.
New Breathalyser rules - Manatee
If the roadside test is positive, isn't there always a second breath test at the station anyway?

The Daily Wail article doesn't actually say that only the roadside test would be needed.
New Breathalyser rules - Mr X
Not sure if the station test is automatic, perhaps some one will fill us in. Wonder if what they are saying is that breath alone should not be the final decider. I know there have been cases where breath tests have failed because of cough mixtures and I remember one where the bloke was a fire eater and there was surgical alcohol in the mixture that they used. They didn't swallow it but it left a residue in the mouth.
New Breathalyser rules - Hamsafar
Sounds as though you will still be required to do provide an EVIDENTIAL specimen of breath at the station but will not get the choice to have an EVIDENTIAL blood test instead. I can see why, the blood test has to be carried out by a Doctor, and these often have to be called in especially and can take hours by which time a drunk driver may be sobered after a few cups of water and heavy deep breathing.
New Breathalyser rules - Pugugly
There's a new roadside testing kit which all Forces will be used. Its meant to be tested and certificated as the speed lasers are. I can see the point of getting rid of the blood test - its worth the gamble if you're within the criteria that allows it as the reading could come down in between the station test and the when the blood sample was taken. The new kits actually give an "accurate" reading at the roadside. Proportionally it will effect few cases.
New Breathalyser rules - Niallster
Pug,

A slightly esoteric question. Lets say I'm over on the breath test and insist on a blood test. Lets say that the Doctor takes a few hours to arrive. Lets say I then inform him that I take Warfarin and whilst I am willing to give a sample the consequences are on him. No GP I know would take the risk and would insist the sample is taken at a hospital say in A&E where any adverse consequences would be able to be handled.

That could all take a long time and I might be under by the time its all arranged.

Am I under any obligation to tell Plod I take Warfarin after insisting on a blood test but before the Doc arrives?

New Breathalyser rules - Altea Ego
In wich case you get done for failing to provide a specimen. Possibly even perverting the course of justice.
New Breathalyser rules - Lud
Remember the lorry driver who insisted that a blood sample be taken from his, er, male member? I think the doctor refused. Can't remember whether the culprit got away with it.
New Breathalyser rules - Niallster
Not refusing to give a sample. Indeed making it clear I am ready and willing just pointing out that the consequence may be uncontrollable bleeding.
New Breathalyser rules - Fullchat
Typical Daily Mail scaremongering.

"Mrs Miller said: 'Breathalysers rely on human input and there are all sorts of things that can go wrong with them.

'It's rare that we come across a case involving our clients when the reading has been taken correctly. There is a major problem with police training.

'There is a feeling in the courts and among prosecutors that these machines are infallible, but they're not. Removing the right to another test will lead to more defendants being prosecuted unfairly.' "

Remember Mrs Miller has an interest in discrediting the process. As regards station procedure this is simply not true, The readings are provided and checked electronically. Human involvement is restricted to inputting some personal details and overseeing the process - end of. All sorts of things do NOT go wrong with them because they self check and if tolerences are outside tight perameters the machine will tell you so.

Contrary to Mrs Miller the machines have proved themselves to be extremely reliable and accurate and the courts have no reason not to have faith in them.

The only reason for blood and urine substitution is 1. machine malfunction and 2. if readings are between 40 and 49 (inclusive) migrogrammes of alcohol in 100 millilitres of breath so as to show total fairness and transparency. The limit being 35. 35 to 39 results in no further action again giving benefit of the doubt to a margin of error that in reality does not exist.

I can only presume that blood readings have corroborated breath readings since the introduction of the station devices (mid 1980s ??) and that nothing has been gained on the side of the defendant by the substitution of blood/urine samples other than delaying tactics.
New Breathalyser rules - Lygonos
Lets say I then inform him that I take Warfarin and whilst I am willing to give a sample the consequences are on him. No GP I know would take the risk and would insist the sample is taken at a hospital say in A&E where any adverse consequences would be able to be handled. <<


Utter nonsense - GPs check warfarin levels every day in their surgeries.
New Breathalyser rules - L'escargot
Miscarriage of justice ..........


I think if you're seriously not happy about this then you should take up the matter with your MP.
New Breathalyser rules - Old Navy
With all the automatic, self calibrating devices that are in use these days I think it is quite possible to have a "police proof" accurate breath tester. Press GO, blow into machine, get printout. If the machine is not happy it prints out why. Cant be that difficult. Car engines monitor and adjust themselves thousands of times a second. Of course the easy answer is known to all, Dont drink a..........

Edited by Old Navy on 16/03/2009 at 09:15

New Breathalyser rules - ifithelps
...I think it is quite possible to have a "police proof" accurate breath tester. Press GO, blow into machine, get printout. If the machine is not happy it prints out why....

Yep, it's called a CAMIC and it's installed in a police station near you.

Edited by ifithelps on 16/03/2009 at 11:09

New Breathalyser rules - Old Navy
Yep it's called a CAMIC and it's installed in a police station near you.

Thanks ifit, only seen them on TV and that will be as close as I get if I have anything to do with it!
New Breathalyser rules - Westpig
what a load of complete tosh that Daily Wail article is...not even researched the facts enough to know the difference bewteeen a Screening Breath Test (the one on the street, which if you fail you're arrested to investigate the offence)..and the Evidential Breath Test (the one done at the station which is considerably more accurate than the roadside one and if you fail you are charged with the offence).

Fullchat has covered the angle nicely with the lawyer's comments...there's nothing to get wrong....type in some personal details, allow the machine to calibrate itself, if within correct limits get person to blow (twice) down tube, following the on screen instructions.. if not..revert to doctor and blood. Rip off paper print out and keep as evidence...what is there to get wrong about that?
New Breathalyser rules - David Horn
Is a lot of the circumstantial evidence that cough mixture etc causes false readings true, or simply urban legend.

Simple answer is that if you're going to drive, you don't drink at all. Too many people seem to think it's fine to have a pint or two and be just under or about the limit. Despite many of the misconceptions, I don't know anyone* in my age range (early 20's) who'd even consider driving after having a drink.

If someone chooses to have a drink and then gets caught for drink driving, it doesn't bother me. I can't see how one of these machines could screw up its measurement, though I suppose they could always go back to the green crystals...


* Well, one person - but he's an idiot.
New Breathalyser rules - Pugugly
I dealt with a case where a driver got rammed by a Police car (to stop him) - he was high on Benalyn. Never coughed 'awt though. He was convicted.
New Breathalyser rules - ifithelps
I failed a roadside breathalyser years ago and was arrested on suspicion of drink driving.

I passed the CAMIC in the station, twice, and was given the printout as a souvenir.

As Westpig says, the roadside machine is merely an aid to the officer when investigating a possible crime, it cannot convict.

The roadside polis could equally say: "Your words are slurred and you stink of drink, so I am arresting you on suspicion of drink driving."

Once again, you are not charged unless and until you fail the CAMIC, or one of the other recognised tests.

I imagine most people who fail the roadside test go on to fail the CAMIC, but that is a separate point.

As for me, I could have moaned at being arrested for a crime I did not do, but I took my little trip to the station - in the back of a police van smelling equally of vomit and disinfectant - as a warning.

The lift I got back to my car from the police afterwards was much more pleasant - front passenger seat of the same van.
New Breathalyser rules - midlifecrisis
Another tin foil around head rant. As already mentioned, the legal limit is 35. You have to blow 40 in the nick before the process starts. Under 40 and you get a lift home or back to your car.

Shouldn't you start your own 'Woe is us' forum Mr X and leave the rest of us to get on with it.

(And if you suddenly decide you've got some awful 'needle' disease, then you're given a little pot to fill)
New Breathalyser rules - Westpig
the reverting to a blood option if someone blows between 40 and 49 inclusive is only of use to a miscreant if the doctor takes an absolute age....because the breath sample is given extra leeway before prosecution i.e. 35 is the legal limit broken, but there's no prosecution until 40 is blown, so 35,36,37,38 and 39 are a technically a 'fail' but there's no prosecution (in most forces)....however, with the blood option there's no leeway 80 = fail, 79 = pass

so if you blow 40 and think "I only just failed"....you haven't, you're 6 over, but only 1 over for prosecuting

p.s. i think what we've got now is about right, we don't need lower limits... and neither do we need more powers to stop people

35 (40 for a prosecution) with breath or 80 for blood, is roughly 2 to 2.5 pints of normal lager for an adult male of proportionate size (although i'd concede the numerous variables for fitness, food intake, alcohol tolerance, etc)... those people i.e. 2 pints or less are not the ones that need targeting or are the ones causing the accidents...it's the clowns having a skin full and then driving....so why penalise the generally law abiding, when it's the people who'd ignore any limit that are causing the problems
New Breathalyser rules - Mr X
If there were only 100 drink drivers a year collared and they were all only a fraction over the legal limit, after a few years of this the govt would feel obliged to have a ' crack down '.
It is something to do with their obsession about seeing Zero numbers for things. As Mr Pig has pointed out, 'p.s. i think what we've got now is about right, we don't need lower limits... and neither do we need more powers to stop people'
New Breathalyser rules - Pugugly
I think that that is the view of the Criminal Justice community.
New Breathalyser rules - Kiwi Gary
A question, if I may. Here, and in Australia, we have mobile laboratories { known generically as booze buses } which are part of the random roadblock method of testing all drivers for the demon drink. Fail the breath test, and, if the driver calls for it , such as maybe just over the breath tester limit, into the booze bus for instant blood withdrawal. No chance for time to sober up sufficiently.

Does U.K. have such vehicles, or is it entirely " Back to the Cop Shop" ??
New Breathalyser rules - Westpig
Does U.K. have such vehicles or is it entirely " Back to the Cop Shop"
??

No....however, the delay for a doctor can advantage someone (if a very long delay)..or disadvantage someone, depending on whether they are burning off the alcohol or it's still going into the system....

e.g. they blow a breath reading and pass....but in half an hour's time they'd be over the limit.

New Breathalyser rules - Lud
Ten years ago, place de la Bastille, Paris, saw a breathalyser bus pulling cars. But it was the cars that were being breathalysed, not their drivers.
New Breathalyser rules - grumpyscot
Wonder how this law would be implemented in Scotland, where we have a requirement for corroboration - i.e. an evidential (second) test is mandatory to provide corroborated evidence

Also, in Scotland, you cannot be arrested "on suspicion".
New Breathalyser rules - Martin Devon
As Mr Pig has pointed out 'p.s. i think what we've got now is about right.

His name is WESTpig.

MD
New Breathalyser rules - Old Navy
His name is WESTpig.

>>

Seconded, and I value his opinion more than some other X rated contibutors.

Edited by Old Navy on 20/03/2009 at 22:08

New Breathalyser rules - Mr X
As I post here only to offer my opinion or viewpoint, I have no need of them being ' valued "
New Breathalyser rules - mare
" he was high on Benalyn. Never coughed 'awt though."

boom boom tish!