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Blood sample and urine samples can be requested for a number of reasons, the most common of which being where a driver has the ‘statutory option’ to provide or request a blood or urine sample. This will often be the case where the driver has provided an alcohol reading on the police station breathalyser machine of less than 50 micrograms of alcohol.

Where a driver has requested the statutory option the police must follow very strict procedures in ensuring that a blood sample was taken by a registered medical practitioner.

The police must also offer you a sample of your blood or urine to undertake your own independent analysis if needs be. The police must also prove that the sample that was taken from you is the identical sample that is analysed by a forensic scientist.

Defence of Failure to Provide Urine or Blood Sample

The provision of blood and urine samples is a fertile ground for an expert motoring solicitor and the following are points that may assist in the prosecution being unable to prove beyond reasonable doubt that you were drink driving:

  1. An independent defence analysis of the sample that you provided at the police station demonstrates that the prosecution reading is inaccurate or less than alleged.
  2. A defect in the procedure when the blood or urine sample is taken from you by a registered medical practitioner or police officer.
  3. The prosecution being unable to prove that the sample taken from you is the same sample analysed by the Forensic Scientist instructed by the Police.
  4. Asking the prosecution to prove ‘continuity of evidence’ where samples of either blood or urine are taken to support the prosecution for drink driving.

#1 Motoring Solicitors have defended allegations of drink driving where samples of blood or urine have been taken by the police. Through our expert intervention, utilising the technicalities and loopholes of the Drink Driving Legislation and Road Traffic Act, many clients have been found not guilty.

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