We like to provide interesting information about motoring law in our blogs and other online material. So, when I was informed that May is “National AsparagusMonth” and I was to somehow link motoring law to this, I accepted the challenge!
How on earth can a specialist motoring solicitors write
a relevant blog on asparagus I hear you cry?!
Well….
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Asparagus is a classic vegetable usually accompanied on
a plate with a nice fillet steak. Unfortunately, the humble asparagus gets a
lot of bad press! Whenever you hear people mentioning that they had asparagus
for tea last night, most people’s instant reaction is “Doesn’t that make your
wee smell?!”
Wait for it… here is the (tentative) link...
Out of all of the drink driving procedures commenced at
the police station, urine is the most uncommon. The procedure will usually start
with a breath test. If the machine is not working or you are physically unable
to provide a breath test due to a medical condition, you will be REQUIRED to provide either a blood or urine sample.
In cases where
you have blown between 35ug and 50ug, you will be given the OPTION to replace the breath test with
either a blood or urine sample. Most police stations will opt for a blood
sample which will be conducted by the Doctor or Health Care Professional. Some
however will opt for urine.
Now, don’t worry, asparagus and the smell of your urine
will not affect the drink drive procedure and it is completely safe to eat
asparagus and drive. There is no medical evidence to suggest that asparagus can
have an adverse effect on your driving ability.
I am reliably informed that the "delightful" smell that accompanies the consumption of asparagus comes from the way
certain chemical compounds in asparagus break down inside the body. (I told
you the link was tentative!)
Whilst
it is completely safe to eat asparagus and drive, it certainly isn’t safe to
drink and drive.
What is the legal
limit?
The
legal limit for a urine sample is 107ug per 100ml urine.
So how many
pints/glasses of wine can I have to be under the limit?
Unfortunately,
there isn’t a definitive amount of alcohol you can consume to be under the
limit. Your alcohol levels will be dependent on many factors such as height,
weight and waist measurements along with the times of your drinks.
What is the procedure after
providing a urine sample?
After
providing a urine sample at the police station, you will be given a bail date
to return to the police station. This may be up to 3 months as the police
will have to send the urine sample off to a laboratory for forensic testing. Depending
on the result, you will be charged and bailed to attend court or released without further action being
taken against you. You should also be given your own urine sample so that you can have this tested. It is
strongly advised that you get this sent off for independent testing and you
should receive a leaflet at the police station with details of independent analysts you can approach for this.
What should I do once I have
left the police station?
If you are
waiting for test results or have been charged with drink driving following a
urine test, we strongly recommend you get in touch immediately for advice from
our team of experts.
What sentence can I
receive?
With that legal limit in mind, a borderline case can
result in a minimum 12 month driving disqualification. In severe cases of high
readings, up to 6 months imprisonment can actually be considered by the
Magistrates’ Court. If
you have a previous conviction for an alcohol related offence within the last
10 years there is a minimum of 3 years disqualification.
What are your success rates?
In 2012, we successfully defended 100% of urine cases,
and in 2013 we successfully defended 75%. Since January 2014, we have secured
acquittals for 100% of our clients facing urine drink driving charges.
Call
us now on Freephone 08000852784 to
speak to one of our specialist motoring offence solicitors. It is only once you
decide to instruct us that payment will become necessary and we can often
arrange instalment plans to assist you.
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