Arrested for drink driving

MrMusician18

Drink driving is very wrong, dangerous and irresponsible, so let's get that out of the way before I share my cautionary tale.

So this morning, I decided to drive down to see my girlfriend, freshened up and headed out, nothing unusual in that and it's usually a quiet country road with nothing going on. Never seen guards bagging drivers on it until today. Round a bend and they're they are. First two cars in front are waved through and I'm stopped. Asked at random to blow into the breathalyzer and to my surprise I to a fail. Genuinely shocked at the outcome, I don't drink much and very little over Christmas. Anyway, I was arrested, put into the car, and driven away. The other guard on the checkpoint did take my car to the station for me so I was thankful for that. Anyway, it was quite an anxious time in the car as I can ill afford to be put off the road for three months. I tried explaining myself in the car, and while the guard listened and was polite, I had a feeling he was happy he had nabbed me.

Anyway into the station with me and after a short wait I was asked to provide another breath sample for the intoxilyzer which I opted for over a blood or urine sample (thinking back, this was a mistake). And I blew a zero. The roadside test was a false positive as I had mouthwashed just before I had set off, to be minty fresh for herself. I thought this kind of thing was a myth, but it happened to me, and according to the boys in the station it wasn't the first time it had happened there either in the past few months.

So the lesson learned was never mouthwash and drive. It might save your an anxious hour in the station.

Pelvis

pleas advice

..another breath sample for the intoxilyzer which I opted for over a blood or urine sample (thinking back, this was a mistake).

Whats the difference?

MrMusician18

pleas advice wrote: »

Whats the difference?

If the alcohol from the mouthwash hadn't evaporated I could have blown a second false positive.

I'm not entirely sure, but I think the verdict of the intoxilyzer is final, if it returns positive you don't get to have blood or urine tested as well (open to correction on that)

12gauge dave

Least you took smile off guards face:)

IamtheWalrus

I once failed in the car test (morning after alcohol) but passed in the second test at the station (possibly due to the time passed for the number of people in front of me). Lesson learned regardless.

Dirtdrifter

I don't think they can convict on breath alone

Would have to be blood or urine afaik before they'd charge you

IamtheWalrus

Dirtdrifter wrote: »

I don't think they can convict on breath alone

Would have to be blood or urine afaik before they'd charge you

Only 2 breathilizer tests for me.

Beersmith

So you always get another test at a station? And you get to pick the method? If you pick blood who takes it? Gardai are hardly trained in this are they?

Esel

Dirtdrifter wrote: »

I don't think they can convict on breath alone

Would have to be blood or urine afaik before they'd charge you

Pretty sure you're wrong about that. The machine in the station gives an evidential result.

dastardly00

@ OP

Had you been drinking alcohol the night before?

kingbhome

I know someone who had a few bottles in the afternoon, few hours later had to drive 4 hours to the west and got pulled over in a carpark because he took a sip of someone else's bottle in the car yet he passed.

Dirtdrifter

Esel wrote: »

Pretty sure you're wrong about that. The machine in the station gives an evidential result.

Could be

KaneToad

dastardly00 wrote: »

@ OP

Had you been drinking alcohol the night before?

Interested to hear this answered. This information was conspicuous by its absence in the OP

Dirtdrifter

Head recently that someone failed the breathalyser after 1 bottle of beer

racso1975

That's an interesting question Beers added to that had the OP picked either of those methods they'd surely have had a much longer wait in the station!!

Dirtdrifter

racso1975 wrote: »

That's an interesting question Beers added to that had the OP picked either of those methods they'd surely have had a much longer wait in the station!!

Correct ,so that was a mistake

bear1

Beersmith wrote: »

So you always get another test at a station? And you get to pick the method? If you pick blood who takes it? Gardai are hardly trained in this are they?

A doctor is called in to take the blood sample.

MrMusician18

dastardly00 wrote: »

@ OP

Had you been drinking alcohol the night before?

No. The last alcoholic beverage I knowingly consumed was 36hrs previous, (Thurs afternoon) one glass of white wine with the left over turkey. That knowledge didn't make me feel any better in the back of the squad car.

Up until it was all over I didn't believe that mouthwash could make you fail, so had assumed that I had accidentally consumed a pre-mixed drink at home, or the hand held tester was out of calibration.

Esel

bear1 wrote: »

A doctor is called in to take the blood sample.

Same for urine, afaik.

Dirtdrifter

Do you have the right to speak to a solicitor first before providing samples?

MrMusician18

Dirtdrifter wrote: »

Do you have the right to speak to a solicitor first before providing samples?

You do, but I opted not to seek advice. Perhaps this was another error on my part.

Dirtdrifter

MrMusician18 wrote: »

You do, but I opted not to seek advice. Perhaps this was another error on my part.

Yes that's where the solicitor would steer you to the delayed test depending on your circumstances

Garda of course would prefer the intoxylyzer

Dirtdrifter

The old advise of never do anything without a solicitor is good

Not advocating DD by the way

Wompa1

Back in the day, my housemate and I had a digital breathalyzer. I was shocked how long the day after I was still over the limit. My father was hit by a drunk driver and partially paralyzed and has had chronic pain ever since. I saw my mother get hit by a drunk driver (while also drunk herself) as she was turning into the driveway. As it was, I just took to never driving the next day. If I had to be anywhere at all the next day it was walk or don't drink. The results of the breathalyzer just affirmed my decision.

whiskeyman

Non alcoholic mouthwash available in Aldi and most likely other stores for anyone who wants to be minty fresh for their lady, but doesn't fancy a long wait...

IamtheWalrus

whiskeyman wrote: »

Non alcoholic mouthwash available in Aldi and most likely other stores for anyone who wants to be minty fresh for their lady, but doesn't fancy a long wait...

Bah humbug

Avatar MIA

I don't have a digital breathalyzer, but I have a wife. She has few rules, but any alcohol and no driving is one.

antodeco

What this sum up is, if you are stopped and fail at the roadside. Go to the station. Opt for a solicitor. Then go for the blood or urine sample and you'll probably be below the limit (depending on how much was consumed), as so much time may have passed. Surely that's not right?

DaveyDave

This is the first I've heard of mouthwash causing a false positive. I'm surprised it's not more common as I'm sure most of us would take a swig before driving off to meet the missus.

Dirtdrifter

antodeco wrote: »

What this sum up is, if you are stopped and fail at the roadside. Go to the station. Opt for a solicitor. Then go for the blood or urine sample and you'll probably be below the limit (depending on how much was consumed), as so much time may have passed. Surely that's not right?

Think it is

I didn't know about the intoxylyzer, but I think it's up to 3 hrs maximum or was allowed

Obviously the intoxylyzer could do you immediately depending on the he circumstances

punisher5112

You are asked when you last drank. Say just did, then 20 minutes has to pass before you can blow.

I have a breathalyser in the car to be on the safe side.

punisher5112

DaveyDave wrote: »

This is the first I've heard of mouthwash causing a false positive. I'm surprised it's not more common as I'm sure most of us would take a swig before driving off to meet the missus.

It does happen, had a work colleague who was fond of mouth spray which had alcohol innit. He was over but hadn't a drink on him.

hi5

Cough syrups also contain alcohol, it's always been one of the reasons for not having a zero tolerance alcohol limit, too many false triggers.

Killinator

Just to clear up a few things here:

You can be tested as per your choice of breath, blood or alcohol.
If you refuse one, you will be required to provide one of the other 2. Refusal or failure to provide is treated as a failure and the penalty is same.
Only one of the 3 is required as the evidential specimen.
You can be charged if a specimen cannot be provided based on Garda observation, eg:
You are clearly well toasted but choose blood/urine and a doctor can't make it within the 3 hours from time of driving and so specimen not provided. You still may be charged based on garda's evidence regarding driving/appearance/behaviour of driver.
You may contact a solicitor but Gardai are not obliged to wait for a solicitor if it appears it will hinder process of taking specimen.
Similar to this a suspected person must provide two samples of breath on evidenzer, they cannot provide one and then look for solicitor, they will be required to carry out 2nd breath specimen and a dolictor will be contacted.
Gardai carry out 20 minute 'nil by mouth' observation period when person is arrested to endure they have not consumed anything since being arrested.
The evidenzer takes a percentage off the actual level of alcohol in breath so despite being a quicker test it's not necessarily better to wait for blood/urine as the same percentage is not taken off.

Atlantic Dawn

What did it read when you failed?

mikeecho

If you provide blood or urine, the result is the result, it's an accurate test.

If you however do the intoxalyzer at the station, you have a better chance of passing.

With the intoxalyzer you will provide two breath samples.
The first breath sample is measured 3 times, start, middle and end.
It then averages the 3 and gives a result.

The same process for the second breath.

Then, the machine, averages the two, takes the lowest reading and deducts 17%.

Creid é nó ná creid é

Killinator

mikeecho wrote: »

If you provide blood or urine, the result is the result, it's an accurate test.

If you however do the intoxalyzer at the station, you have a better chance of passing.

With the intoxalyzer you will provide two breath samples.
The first breath sample is measured 3 times, start, middle and end.
It then averages the 3 and gives a result.

The same process for the second breath.

Then, the machine, averages the two, and deducted 17%.

Creid é nó ná creid é

It doesn't average the 2, it plain and simple takes the lower of the 2 samples provided and then takes off 17%

Dirtdrifter

Surely it.will depend.on the delay.with the doctor

Which gives the best chance of passing

mikeecho

Killinator wrote: »

It doesn't average the 2, it plain and simple takes the lower of the 2 samples provided and then takes off 17%

I'm presuming you have the course done.. I don't.

I was of the belief that 1 & 2 were averaged before the 17% reduction.

But if you've the course done, I'll bow to your experience

Killinator

mikeecho wrote: »

I'm presuming you have the course done.. I don't.

I was of the belief that 1 & 2 were averaged before the 17% reduction.

But if you've the course done, I'll bow to your experience

Only did it the last few months and they said lower of the 2 is taken.
Whole system seems to be designed to give person the best chance of passing but on the other hand if you are above the limit then there's no doubt that you are above the limit.

Killinator

Dirtdrifter wrote: »

Surely it.will depend.on the delay.with the doctor

Which gives the best chance of passing

There's no correct answer as a doctor MAY take 2 hours, they MAY take 20 minutes or they MAY not arrive in time at all.
Your taking a risk regardless of which you choose.
Also evidenzer will only check alcohol in breath, blood if 0 for alcohol will then check for other intoxicants

Best advise is not to take the chance either way and you'll avoid the decision in the first place.

mikeecho

Killinator wrote: »

Only did it the last few months and they said lower of the 2 is taken.
Whole system seems to be designed to give person the best chance of passing but on the other hand if you are above the limit then there's no doubt that you are above the limit.

Tell that to the judge

mfceiling

Killinator wrote: »

There's no correct answer as a doctor MAY take 2 hours, they MAY take 20 minutes or they MAY not arrive in time at all.
Your taking a risk regardless of which you choose.
Also evidenzer will only check alcohol in breath, blood if 0 for alcohol will then check for other intoxicants

Best advise is not to take the chance either way and you'll avoid the decision in the first place.

If you wanted to take the blood or alcohol test and it was looking like the doctor couldn't make it could you change your decision and take the breathalyser? Or is it tough luck and you will be found guilty because the doctor didn't arrive?

Killinator

mikeecho wrote: »

Tell that to the judge

That's a whole other debate

cute geoge

As far as i know your first p**s after the start of consuming alcohol will not fail urine test for alcohol .So it might be possible to consume some pints and still pass urine test for alcohol if you had a big bladder:eek:

Killinator

mfceiling wrote: »

If you wanted to take the blood or alcohol test and it was looking like the doctor couldn't make it could you change your decision and take the breathalyser? Or is it tough luck and you will be found guilty because the doctor didn't arrive?

You can decide to do evidenzer (breath) if you choose.
If the Dr doesn't arrive you are not automatically charged.
Alot (vast majority) of time you are realesed without charge.
Only if you are obviously intoxicated will a Garda actually charge you without a specimen as a prosecution then relies on Garda testimony

EagererBeaver

cute geoge wrote: »

As far as i know your first p**s after the start of consuming alcohol will not fail urine test for alcohol .So it might be possible to consume some pints and still pass urine test for alcohol if you had a big bladder:eek:

That sounds like it comes from the same school as "you can't get pregnant the first time you have sex"

Dirtdrifter

Doctors are busy I can't envisage them rushing to Garda stations with all the testing going on

I'm guessing the majority are just doing the breath test

I'd fancy my chances with the doc mostly from a procedural point of view,I'm not advocating DD at all

hurler32

Seems to be guards everywhere in rural Ireland bagging people and trying to catch people going to local shop or mass for speeding particularly in 50 zones this Christmas .
Meanwhile traveller gangs selling drugs and breaking into elderly people’s houses without a care in the world .

n!ghtmancometh

Dirtdrifter wrote: »

Doctors are busy I can't envisage them rushing to Garda stations with all the testing going on

I'm guessing the majority are just doing the breath test

I'd fancy my chances with the doc mostly from a procedural point of view,I'm not advocating DD at all

Guards have a panel of doctors on call just to assist with blood/urine tests as well as check out addicts in custody needing methadone etc. Supposed to respond within 30 mins to urban stations and 45 mins in rural ones.