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Drink Driving

A positive blood result does make you guilty of drink driving. The law surrounding evidential blood samples is extremely strict. If the police have failed to follow the correct procedure, you could avoid a conviction.
We can help you with:
  • Identifying unreliable results
  • Challenging police procedure
  • Avoiding disqualifications
  • Next steps
Request a callback

If you would like to take advantage of our free expert legal advice, please get in touch. You can usually speak with a specialist straight away.

or call us on:
0151 422 8020

Fields marked with an * are required

Drink Driving

Blood Alcohol Tests

You may be surprised to learn that you do not have an automatic right to give a blood sample at the police station, even if you ask for it. Section 7(3) Road Traffic Act 1988 says that a blood specimen can only be requested in the following circumstances;

  1. If the breath test machine gives an unreliable indication of alcohol
  2. If you cannot give breath due to a medical condition
  3. If there is no breath test machine available for use

The police cannot charge you with drink driving before the results of the blood test have been obtained, even if your roadside reading was high. You will be released under investigation until the results come back; and do not usually have to return to the police station (unless the police want to interview you). Blood tests can take anywhere from 8 weeks to 6 months. You can continue to drive over this period, unless the police tell you otherwise.

If you’re over the limit, you’ll receive a postal requisition (a postal charge). This should also include an SFR1 (Streamlined Forensic Toxicology Report) confirming the test results. Most police forces fail to include this within the envelope.

During this time the police will send your sample to an independent laboratory for analysis. The legal limit is 80 milligrams of alcohol per 100 millilitres of blood. If the result is greater than 80mg the police will charge you (unless we can stop them). There are even circumstances where the police can charge you with drink driving despite your results being under the legal limit!

Delay in analysing the sample

Due to it becoming common practice for the police to leave blood samples lying around, the government commissioned an investigation by the HM Inspectorate. The report advised that blood samples be sent to the laboratory within one week of being taken.

The report, however, seems not to have reached the police, as it is now more common for samples to remain at police stations for up to 3 weeks before being sent to the laboratory.

The issue here is that blood is an organic material and will decompose overtime. A consequence of this is that alcohol is created in the blood (a process known as fermentation). Every time a refrigerator door is opened, the temperature inside the fridge will fluctuate. This can disturb the stability of the specimen and may speed up the fermentation process.

One way to prevent fermentation is to add a preservative to the sample, such a sodium fluoride. This should be added by the nurse/doctor who takes the blood sample. Do you remember seeing them add anything to the sample? If not, the sample may have increased in alcohol concentration before it reached the lab. To make matter worse, the laboratories instructed by the police do not test for preservative! This means that if the nurse/doctor failed to add the preservative, no one will know.

Streamlined Forensic Toxicology Report

If your sample is above the prescribed limit, you will be charged and sent to court. The first court hearing is particularly important; it is the first opportunity you will have to review the evidence against you and enter a plea with the court.

At the first court hearing the CPS should provide a report confirming the results of the blood test, known as the MG22(b) or ‘Streamlined Forensic Toxicology Report (SFR1)’. This report should contain all the relevant technical information that we would need to check, including:

  1. The method of analysis – Was the method ISO approved?
  2. A unique barcode and for tracing & continuity purposes – Do these results actually belong to you?
  3. The condition of the sample and its packaging upon receipt – Has it been tampered with or damaged?
  4. The date the sample was received by the laboratory – How long was it stored at the police station before postage?
  5. The amount deducted from the sample for analytical variation – Has the result been reduced to reflect the margin for error?
  6. The level of alcohol found in the sample – Is it consistent with your alcohol consumption, or does it seem high?
  7. The name of the laboratory where the sample was tested – Has this laboratory been accused of tampering like others have?

Any inconsistencies or discrepancies with the report would quickly be highlighted to the prosecutor, who may agree immediately to drop the case. Alternatively, we may decide to keep the issue quiet and raise it at a later date when it would do more damage to the CPS’s case.

The Streamlined Forensic Reporting Protocol is a relatively new method of introducing forensic evidence. It was introduced as a cost cutting measure. Our team regularly win cases because the police and CPS fail to understand the requirements of the protocol and the obligations it places on them. We would be pleased to discuss this with you.

What does an SFR1 look like?

Take a look at the example below. The SFR1 was purposely designed to look official so as to encourage defendants to plead guilty. In reality, it is a standardised template that proves very little. It could even be used to win your case.

SFR1 Alcohol

If you look closely, you’ll see that you have 14 days to respond to the SFR1 and confirm whether it is disputed. This is arguable one of the most important steps that you can take to win your case. By rejecting the SFR1 in writing, we force the CPS to produce additional forensic evidence (known as an SFR2 and the analytical data pack). A huge number of cases that we defend will fail because the CPS never present this additional evidence.

How else do we win cases?

If any of the following applies in your case, you should call us immediately;

  • More than one sample of blood was taken from you
  • The officer did not inform you that the blood test was optional
  • You were not given part of your own blood sample to take home
  • You were not witnessed driving the vehicle
  • You suffer with depression, anxiety or any form of mental illness
  • You consumed alcohol after driving the vehicle

Save your licence

M.A.J. Law specialise in defending motorists nationwide. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. Free advice? Please get in touch.

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