Playing the System

I mentioned in my previous post that after failing an evidential breath test, you will get a “statutory option” if you’re reading was under 50µg.  This means that you can opt to replace that evidential breath test with either a urine or blood test, but that test will be the new result regardless if it’s higher or lower.  The other thing to note is that you don’t get to choose whether its urine or blood, the police officer taking the test makes this decision.

 

Most people of good character would say that they’ve failed the test and there is no point opting for another, especially if the reading is closer to 50µg than the 35µg limit.  However, unfortunately for all of us, the people that do this regularly will always choose the second test because as it stands they will already be charged and a second test gives them precious time to process more alcohol before we get a doctor out to take bloods for example.  The worst that will happen is that they will just get another fail, at which point they are in no worse position than what they started with.

It’s often the case that people won’t know the implications of choices such as these, and however much we feel for someone, we can’t advise them one way or another.  The people that do know the implications are often the ones that we don’t want to take the option, but we can't stop them and sometimes they do get off prosecution because of it.