Alleged drunken driving - observation period

Ultimate Seduction

Is there a maximum period? Arrested at 12, brought to station, in to cell for 3 hours then breathalyzed on at 3am the machine. Why was I waiting 3 hours?

skallywag

Seems odd to me, surely if they are looking for a conviction then it is in their interest to test sooner rather than later.

Ultimate Seduction

skallywag wrote: »

Seems odd to me, surely if they are looking for a conviction then it is in their interest to test sooner rather than later.

You'd think that wouldn't you. Was in and out of the cell I think the machine was malfunctioning or the Garda couldn't get it going. Either way, a very stressful 3 hours!

Sonny noggs

Had you been drinking?

Ultimate Seduction

Sonny noggs wrote: »

Had you been drinking?

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

skallywag

I guess then it's just a matter of perspective, if you were over the limit and subsequently passed then I would be counting my lucky stars, if you were sober in the first place I would be vexed.

Sonny noggs

Ultimate Seduction wrote: »

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

So what is the problem?

poppers

Ultimate Seduction wrote: »

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

If you failed the road side test Maybee gaurd relaised you were marginally over and gave your body a chance to clear the alohol from your system and allow you to pass.

Ultimate Seduction

Sonny noggs wrote: »

So what is the problem?

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

Ultimate Seduction

poppers wrote: »

Maybee gaurd relaised you were marginally over and gave your body a chance to clear the alohol from your system and allow you to pass.

How can he tell if I was over the limit without breathalyzing me. I had 3 pints last one at 3pm, aressted at 12am.

skallywag

Why do you think that he was suspicious that you had been drinking if he did not get you to blow on the side on the road?

K.Flyer

You must have failed the roadside test for them to bring you in, unless they had another reason.
If you pass the breath test on the road you are free to go.
Maybe you were just barely over on the road test and he was giving you a chance, you passed and got let out, you could have lost your license had he tested you sooner. You were lucky.

poppers

Ultimate Seduction wrote: »

How can he tell if I was over the limit without breathalyzing me. I had 3 pints last one at 3pm, aressted at 12am.

Did you not do a road side test. Or did you refuse it.
Never heard of anyone being arrested without failing or refusing to do one.

Ultimate Seduction

K.Flyer wrote: »

You must have failed the roadside test for them to bring you in, unless they had another reason.
If you pass the breath test on the road you are free to go.
Maybe you were just barely over on the road test and he was giving you a chance, you passed and got let out, you could have lost your license had he tested you sooner. You were lucky.

How was I lucky? I passed the test I had 3 pints nearly 9 hours before failing the roadside test. I asked to be put on the machine after an hour so I could be on my way. The guard wasn't trying to do me a favour I can assure you that.

skallywag

K.Flyer wrote: »

Maybe you were just barely over on the road test and he was giving you a chance...

I would be very surprised if someone would fail a breath test nine hours later, having had three pints. Assuming it was pints of beer of course and not vodka

Explosive_Cornflake

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

Had you failed the roadside? That might be enough reason to not be too worried about having things to do.

endacl

Sounds like a guard with a bit of cop on used a bit of discretion to do you a favour.

Stop giving out about him in case he reads this and stops doing people favours.

Ultimate Seduction

endacl wrote: »

Sounds like a guard with a bit of cop on used a bit of discretion to do you a favour.

Stop giving out about him in case he reads this and stops doing people favours.

Cop on holding a man till 3am when he has work at 6am? I asked to be tested and let home, I even asked for a doctor to take a blood test if the breathalysing machine was broken.

Cordell

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

What things? A few more left in the pack getting warm?

Mod
Not helpful, be nice here

pablo128

Maybe you got smart with them and they left you for a few hours to put manners on you. I have to say you're being confrontational already on this thread. I can only imagine what you're like after a few pints.

fullstop

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

If you knew you were fine then why was it a stressful 3 hours? You should be taking your luck by the sounds of it.

baldshin

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

That's what being arrested is, being held against your will. Not many are willingly held in a cell.

In regards to you asking about the maximum time, 3 hours is the timeframe to take a sample that can be used as evidence (circumstances depending), so you were held for a legal and reasonable amount of time. Yeah, it inconvenienced you, took up your time, but at the end of the day I'd rather that than have had it taken in the first hour with a greater chance of failure, a fine and a driving ban. I'd pay 3 hours any time to avoid that.

K.Flyer

Ultimate Seduction wrote: »

How was I lucky? I passed the test I had 3 pints nearly 9 hours before failing the roadside test. I asked to be put on the machine after an hour so I could be on my way. The guard wasn't trying to do me a favour I can assure you that.

Sorry, you posted just before I did and i have just seen the time line and see what you mean.
Why did they bring you in, did you refuse to do a roadside test?

Ultimate Seduction

pablo128 wrote: »

Maybe you got smart with them and they left you for a few hours to put manners on you. I have to say you're being confrontational already on this thread. I can only imagine what you're like after a few pints.

I asked a simple legal question, not to be interrogated by a people who want to point the finger. This is legal discussion not after hours.

Mod
Apart from Cordell's remark I consider the comments
by various otherposters here to be fair comment.

skallywag

I think I am missing the point here.

If I failed a roadside breath test the I would most certainly not be in any hurry to have the legally binding test done ... Or do I have it wrong somehow?

Rubberchikken

oh please..what things did you have to be doing? drinking more before driving.
shame on you.

Mod
Rubberchicken, be nice here, pls

Ultimate Seduction

K.Flyer wrote: »

Sorry, you posted just before I did and i have just seen the time line and see what you mean.
Why did they bring you in, did you refuse to do a roadside rest?

No, I failed the roadside test at around 11:30 pm. I asked to be tested, or even blood tested so I could just get home at around 1am. I was brought to the machine and back to the cell twice before I actually got to blow in to it.

The machine either wouldn't work or the guard couldn't work it. So why wasn't I bloodtest or urine test instead of holding me for 3 hours needlessly

Ultimate Seduction

skallywag wrote: »

I think I am missing the point here.

If I failed a roadside breath test the I would most certainly not be in any hurry to have the legally binding test done ... Or do I have it wrong somehow?

I had 3 drinks 9 hours before the roadside test, 12 hours by the time I was blowing in the machine.

pablo128

Ultimate Seduction wrote: »

No, I failed the roadside test at around 11:30 pm. I asked to be tested, or even blood tested so I could just get home at around 1am. I was brought to the machine and back to the cell twice before I actually got to blow in to it.

The machine either wouldn't work or the guard couldn't work it. So why wasn't I bloodtest or urine test instead of holding me for 3 hours needlessly

Because they didn't know if you were intoxicated or not. If you were intoxicated and they let you out and you had an accident, they would look incompetent. In fact you would probably have started a thread saying how they shouldn't have let you out in that condition.

Why weren't you blood or urine tested? I don't know. But that, in my opinion is the only argument you could have with them.

Sleeper12

Ultimate Seduction wrote:

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

You'll never know that for sure. It's very possible that you could have failed the test 3 hours earlier.

Samuel T. Cogley

Happy to be corrected but I believe they can hold you for up to six hours without an extension from a more senior member.

Ultimate Seduction

baldshin wrote: »

That's what being arrested is, being held against your will. Not many are willingly held in a cell.

In regards to you asking about the maximum time, 3 hours is the timeframe to take a sample that can be used as evidence (circumstances depending), so you were held for a legal and reasonable amount of time. Yeah, it inconvenienced you, took up your time, but at the end of the day I'd rather that than have had it taken in the first hour with a greater chance of failure, a fine and a driving ban. I'd pay 3 hours any time to avoid that.

I was confident I would pass the test, asked to be tested several times. Don't see why I should be greatful I "got away with it" when I was always inocent. Anyway you've answered my question that's all I asked. Thanks

Del2005

skallywag wrote: »

I would be very surprised if someone would fail a breath test nine hours later, having had three pints. Assuming it was pints of beer of course and not vodka

A pint is more than a unit of alcohol and depending on the strength can be 3 or more units. The average body can process 1 unit an hour, so it's possible to be over 9 hours after drinking 3 pints and then we have no idea if there was alcohol in the system before the 3 afternoon pints.

OP were you helpful to the Gardai or as augementive as you appear on this thread? Because usually you get the same level of treatment as you give when dealing with people.

Ultimate Seduction

Del2005 wrote: »

A pint is more than a unit of alcohol and depending on the strength can be 3 or more units. The average body can process 1 unit an hour, so it's possible to be over 9 hours after drinking 3 pints and then we have no idea if there was alcohol in the system before the 3 afternoon pints.

OP were you helpful to the Gardai or as augementive as you appear on this thread? Because usually you get the same level of treatment as you give when dealing with people.

I was helpful and was complimented on my patience by the guard as I left. I told them that I'd work in a few hours and wanted to be tested by a doctor if he couldn't get the machine going. I certainly wasn't being aggressive that would have been counterproductive

olearydc

Ultimate Seduction wrote: »

I had 3 drinks 9 hours before the roadside test, 12 hours by the time I was blowing in the machine.

You failed the roadside test

Took 3 hours for machine test in the station (longer you waited the better it was for you!)

Really don't know what you are moaning about - -need to get a grip on your anger and just be lucky you had the 3 hours- -any shorter you may have failed and lost your license.

Miaireland

I am guessing that they were trying to get a Doctor during those hours that you were held and could not. Out of hours Doctors are hugely limited particularly after midnight and their priorities are ill people or emergencies and not doing blood tests on people who fail the roadside test.

K.Flyer

Ultimate Seduction wrote: »

No, I failed the roadside test at around 11:30 pm. I asked to be tested, or even blood tested so I could just get home at around 1am. I was brought to the machine and back to the cell twice before I actually got to blow in to it.

The machine either wouldn't work or the guard couldn't work it. So why wasn't I bloodtest or urine test instead of holding me for 3 hours needlessly

Ok, that makes some sense now.
If you failed the roadside and had been tested again within an hour there was a chance that you would have failed again, maybe, maybe not.
But that extra time, regardless of the reasons, and as much as it annoyed you, has worked in your favour.
You got lucky and you still have your license, best to let it go.

Infernal Racket

poppers wrote: »

Did you not do a road side test. Or did you refuse it.
Never heard of anyone being arrested without failing or refusing to do one.

You don't need to do a road side test to be arrested for drink driving

Truckermal

Why don't you try it again this evening and see what happens, ask the Guard why are you being held so long?

Infernal Racket

Samuel T. Cogley wrote: »

Happy to be corrected but I believe they can hold you for up to six hours without an extension from a more senior member.

Only of you're detained under the criminal justice act

Guy:Incognito

Ultimate Seduction wrote: »

How can he tell if I was over the limit without breathalyzing me. .

Ultimate Seduction wrote: »

No, I failed the roadside test at around 11:30 pm. y

Am I missing something here?

Ultimate Seduction

Guy:Incognito wrote: »

Am I missing something here?

The roadside be test doesn't say if I'm over the limit or not. You know this.

Samuel T. Cogley

Gerry G wrote: »

Only of you're detained under the criminal justice act

Indeed, can't seem to find a time limit for drink driving.

Guy:Incognito

Ultimate Seduction wrote: »

The roadside be test doesn't say if I'm over the limit or not. You know this.

You were giving the impression they just randomly plucked you out of the car, took you to a cell and left you there with no reason

Ultimate Seduction

Guy:Incognito wrote: »

You were giving the impression they just randomly plucked you out of the car, took you to a cell and left you there with no reason

I've said clearly on a couple of occasions, I failed the roadside breathaliser, arrested on suspicion of drink driving. It can't be proved that I committed any offense untill I'm tested by breath/blood or urine at the station. Nothing there hard to understand

Sleeper12

Ultimate Seduction wrote:

I was helpful and was complimented on my patience by the guard as I left. I told them that I'd work in a few hours and wanted to be tested by a doctor if he couldn't get the machine going. I certainly wasn't being aggressive that would have been counterproductive

Here's the deal. If they released you without testing you & you had an accident then you can sue them for letting you drive while over the limit. Doctors aren't available at the drop of a hat especially on bank holiday weekends.

It is what it is. A minor inconvenience to delay a few people rather than rushing & letting a drink driver back in the car. Look on it like you did your civil duty. Like serving on a jury. An inconvenience for the common good.

baldshin

Miaireland wrote: »

I am guessing that they were trying to get a Doctor during those hours that you were held and could not. Out of hours Doctors are hugely limited particularly after midnight and their priorities are ill people or emergencies and not doing blood tests on people who fail the roadside test.

Very true, often times a doctor won't make it in the time frame. Plus, when you give a breath sample, there is a percentage deducted from the average result, not sure but it's 7/8%+ so much better to give breath. Blood or urine would generally result in a higher alcohol level detected.

MrFresh

Most likely there was an error in the machine and they had to wait for someone to come out and reset it. They probably did call the doctor as well just to be sure but the machine admin got there first.

STB.

@Ultimate Seduction. Theres a minimum 20 minute unbroken observation period, prior to using the intoxyliser.

Your argument is that this didn't happen and that you were unlawfully detained and that you know you would have passed the test anyway.

So to answer that question. 3 hours would seem to be an unreasonable amount of time to be detained without testing.


What you are saying is that you had the 3 pints, 9 hours previously and would have passed anyway.

Did you answer a question about alcohol consumption that day ?

Me. I'd rather be inconveniently detained than be dealt with promptly and marginally fail. I'd let it go.

Ultimate Seduction

STB. wrote: »

@Ultimate Seduction. Theres a minimum 20 minute unbroken observation period, prior to using the intoxyliser.

Your argument is that this didn't happen and that you were unlawfully detained and that you know you would have passed the test anyway.

So to answer that question. 3 hours would seem to be an unreasonable amount of time to be detained without testing.


What you are saying is that you had the 3 pints, 9 hours previously and would have passed anyway.

Did you answer a question about alcohol consumption that day ?

Me. I'd rather be inconveniently detained than be dealt with promptly and marginally fail. I'd let it go.

Thank you. Yes, I told the guard before I even blew into the roadside test that I had a few earlier in the day.
I'm am letting it go, i simply wondering why I was kept for 3 hours when the option of blood and urine is there. (As said already, doctor might not have been available).
The machine wouldn't work or the guard could not get it going is hardly my fault?

Anyway I was just curious as to why it was 3 hours or was it normal.

Amazing the grief I'm getting here and I wasn't even drink driving.

endacl

Roadside test suggested you were though? Everything that happened after this was a consequence of that fact.