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Question
Posted by: Frustrate Man | 2011-10-14

Advice

I rolled my car on saturday morning, around 02:00ish, i was arrested same time for drunken driving, my girlfriend who always tell me not to drink and drive came to bail me out, the car is a write off, i now have to face the insurance, they wont pay until blood samples come back which might take forever, what would you advices,1st time offender, my blood was drawn around 09:00, i stopped drinking at 01:00, what are the chances of finding alcohol in my blood stream?

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Our expert says:
Expert ImageCyberShrink

Isn't all that just a perfect argument against drinking and driving ? That's what happens.
Yes, police forensic services are, like many other aspects of police services, disgraceful, and specimens get lost or it takes moneht or years to do routine and simple tests.
I think it would be wise for anyone who gets into your sort of situation to demand at the time that a second blood sample be taken ( or a portion of the original specimen be saved ) and given to you, duly sealed and marked by the police so as to maintain proper evidentiary statement, and sent at your expense to a private path lab where the esting can be done properly and rapidly.
I can't predict the chances that alcohol would be foun in your blood stream, as there are many relevant variables " how much you had had to drink over the preceding many hours, what you drank, whether you had anything to eat and when, and so on.
If I understand you rightly you were drinking until about 1 am and had the accident about 2. If you'd had more than a minimum amount to drink it is likely there was a significant level of alcohol in your system at the time of the accident. How much would still be there at 9 am, if that is when the blood sample was taken, is not clear, but its likely to be a very much lower and maybe not significant level, ( though the court may allow them to extrapolate from the level that was found, back to what it would have been hours earlier ) which is why its actually negligent for them to have delayed the taking of the sample for so long. There's no excuse for that, as timeous sampling can be arranged through a Police Surgeon or hospital casualty. But it may be to your advantage. As Phil says, hey may have ruined their own case by negligence.
Presumably, if they were competent, they may have breahalyzed you at the time, and made observations of your breath, ability to walk, talk, balance, etc., at the time, which might now become more relevant
As someone who has had two family members killed, and one maimed, by drunk drivers, I feel no sympathy for the avoidable plight you find yourself in, and you can't expect others to do so either, unless they also drink and drive !

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Our users say:
Posted by: BT | 2011-10-17

It takes 16hours for a person to become sober after drinking so I believe they will find alcohol in your system and there is a test that can detect if you had alcohol a number of days ago. I believe it is never the intent of anyone to get caught drinking and driving, less alone making an accident. You should thank your lucky stars and God in heaven that you are okay and that nobody was hurt, this will be the only thing that counts in your favour. You probably will loose your license, the insurance won''t pay out and you will have to go for rehab or something but do whatever is necessary as it will count in your favour and most of all ask God to stand by you as only He can comfort you and protect you through this ordeal.

Reply to BT
Posted by: Ty | 2011-10-17

Heather relax I''m just tressing the guy :)

Reply to Ty
Posted by: Heather | 2011-10-17

Dee, there are 5 hours between 01:00 and 06:00 and they will probably estimate the amount in his body at the time of the accident. Even if Jenna is wrong, they''ll still find alcohol in his blood.

Ty, how do you plan on doing that? You don''t know this guys name, where he lives, where the accident was, etc. Do you plan on emailing every single police station in the country? Get a life and just let the law take its course.

Reply to Heather
Posted by: Ty | 2011-10-17

I agree with Absolutely NO sympathy, you should go to prison for life!!!!!!!!!!!!!!!!, I think I’ ll give this web url to the police and they can track you with the use of your IP and use this as a confession of guilt

Reply to Ty
Posted by: Dee | 2011-10-16

Alcohol can only be detected in the blood within 6 hours after your last drink regardless of the quantity you have consumed. Go read more about the half life of alcohol and what it means.

If the times you gave are correct there is no chance to pick up alcohol in your blood.

I have never heard of any tests that can detect alcohol for up to 8 days but even if that was true theres nothing wrong with having a drink 8 days prior to driving your car is there?

I am glad no one got injured this time and that you will think twice next time!!

Good luck

Reply to Dee
Posted by: Jenna | 2011-10-15

Your body metabolises about one drink an hour BUT EGT testing can detect alcohol up to 8 DAYS after the fact. So yes, alcohol will show up in your system.

I am sorry that you didn''t heed the warnings of your girlfriend, the SAB, Arrive Alive, No Regret Friday and the likes. But hey, I guess you are one of those people who think, ''it''ll never happen to me''.

Be DAMN grateful that no one was injured or killed. My friend''s brother was killed by a drunk driver. Another friend''s son was killed by a drunk driver. I unfortunately know a girl who knocked over and killed a motocyclist while driving drunk. I know a 9 year old girl that was almost killed by a drunk driver.

Take your punishment like a man- you deserve to not have your insurance pay, you deserve to have your licence taken away. The guy who almost killed that 9 year old got his licence taken away and had to pay a R50k fine.

I hope you have to do the same.

Reply to Jenna
Posted by: cybershrink | 2011-10-15

Isn't all that just a perfect argument against drinking and driving ? That's what happens.
Yes, police forensic services are, like many other aspects of police services, disgraceful, and specimens get lost or it takes moneht or years to do routine and simple tests.
I think it would be wise for anyone who gets into your sort of situation to demand at the time that a second blood sample be taken ( or a portion of the original specimen be saved ) and given to you, duly sealed and marked by the police so as to maintain proper evidentiary statement, and sent at your expense to a private path lab where the esting can be done properly and rapidly.
I can't predict the chances that alcohol would be foun in your blood stream, as there are many relevant variables " how much you had had to drink over the preceding many hours, what you drank, whether you had anything to eat and when, and so on.
If I understand you rightly you were drinking until about 1 am and had the accident about 2. If you'd had more than a minimum amount to drink it is likely there was a significant level of alcohol in your system at the time of the accident. How much would still be there at 9 am, if that is when the blood sample was taken, is not clear, but its likely to be a very much lower and maybe not significant level, ( though the court may allow them to extrapolate from the level that was found, back to what it would have been hours earlier ) which is why its actually negligent for them to have delayed the taking of the sample for so long. There's no excuse for that, as timeous sampling can be arranged through a Police Surgeon or hospital casualty. But it may be to your advantage. As Phil says, hey may have ruined their own case by negligence.
Presumably, if they were competent, they may have breahalyzed you at the time, and made observations of your breath, ability to walk, talk, balance, etc., at the time, which might now become more relevant
As someone who has had two family members killed, and one maimed, by drunk drivers, I feel no sympathy for the avoidable plight you find yourself in, and you can't expect others to do so either, unless they also drink and drive !

Reply to cybershrink
Posted by: Absolutely NO sympathy | 2011-10-14

lf u stopped drinking at 1 and rolled the car at 2 l ,as an upstanding member of society, would like to know why it took the police so long to draw blood............
Personally l hope the full weight ,of what law we have left, is thrown at you and your insurance does not pay out!
You describe yourself as frustrated man - remember frustrated is nothing compared to the feelings of those who have lost loved ones due to drunken drivers.

You have possibly got away with it this time - for the safety of the rest of us grow up and do not do this again.

Reply to Absolutely NO sympathy
Posted by: Mother | 2011-10-14

I hope you learnt your lesson as innoccent people could have been killed because of your carelessness.

Reply to Mother
Posted by: Phil | 2011-10-14

You get lawyers that specialise in drunen driving cases  go ask at a Magistartes court any lawyer in the passages if they someone specialising in those type cases.

I stand to be correct  but I think the law states that you have to be tested by a district surgeon within a specified time after teh arrest. If not it isn''t valid in court. Two hours I think.

Get a lawyer like I said  but I do think they took your blood way too late.

Reply to Phil

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