if a person is stoped for a breath test ,and that person cannot give one due to the fact they have a lung disorder what happens
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if a person is stoped for a breath test ,and that person cannot give one due to the fact they have a lung disorder what happens
i think they would have to give blood test.
Definately, they take a Blood Test.
Having taken advise (from policeman son). If you are stopped by a policeman as being suspected to be driving whilst under the influence of alchol or drugs you are obligated to give a test. There are other issues such as a car accident when it becomes standard proceedure to take a sample.
If a person is unable to give a sample (for whatever reason), the policeman or woman would caution you and take you to the police station where a doctor would be consulted and you would then have to give a blood sample.
I would suggest that if this person has a medical condition that they carry some proof of what the condition is so as to help themselves should they be stopped by the police.
Cofion
Hingey
as i suffer from emphasema and there for cant drink i find the last comment uncalled for i asked a simple question ,and my thanks to those who gave me an answere
Very Irksome when people come out with crass posts due to the fact that they have not read the original post properly in the first place. Why not read and respond to what is in front of you rather than be unneccessarily provocative. It was a valid and genuine question so why must you assume the chap had been drinking. I believe it is commonplace to breath test all drivers in multiple vehicle accidents regardless of whether drink is suspected as being the cause or not.Quote:
Originally Posted by MICHAEL WYNNE
Just to clarify, if you give a valid reason why you can’t provide a breath sample, then the OFFICER would choose between BLOOD or URINE providing of course you don’t have a fear of needles then it would down to urine.
35 micrograms of alcohol in 100 millilitres of breath
80 milligrams of alcohol in 100 millilitres of blood
107 milligrams of alcohol in 100 millilitres of urine
Sid
From my experience of being a Police Officer for over 25 years I would carryout the following procedure.
Firstly - To be stopped by the Police you would need to have committed a moving road traffic offence, dodgy tail light etc.
Secondly - or as a result of being involved in a road collision.
If the officer suspects that you have alcohol in your body then he can request that you provide a roadside breath test. In the case of the collision(accident) then this is automatic (Dyfed Powys Police anyway) some Forces may vary.
If the roadside breath test is positive the driver would be arrested and taken to a police station.
If the driver refused the roadside breath test or was unable to provide a specimen of breath for that test then this could be classed as a refusal, whether he had asthma or otherwise. He again would be arrested.
Once at the police station a different procedure would take place, and as someone has already mentioned a Doctor would be called.
If that person could not provide two further specimens of breath at the police station then he/she would be offered the option of giving blood/urine. Normally it would be blood.
This would be sent for analysis and that person would then return at a later date to be charged with drinking and driving and no insurance, if it was positive, or informed via telephone/letter that no further action would be taken if it was negative.
I understand that no proof would be required if you only had the use of one lung or not. The same procedure would be carried out.
I've been out of the Force for 4 years now, but I'm sure that the same procedure wouild take place.
I hope this will help with understanding what happens.
Regards
Clive
Quote:
Originally Posted by MICHAEL WYNNE
I didn't read MW's post that way - just as his general opinion of drinking and driving, and although not very relevant to the topic, most would agree with him.Quote:
Originally Posted by Gwyn Nicholas
Well JT the originator of the post was obviously offended by "MWs" post and read it the same as I did. I myself agree with MWs opinion on drinking and driving but that is another issue and should be a separate thread rather than highjacking this one to make a point. If you are unable to see that then fair enough, if you are, well.......you got me again John.Quote:
Originally Posted by John Turner