hyperthetical question re breathalyser

[timwilky]

Purely hypothetical question

My wife amongst her many complaints now suffers from an organizing pneumonia caused by post cancer radio therapy treatment. At the moment she takes a massive amount of steroid (12 tablets at a time) and has regular breathing tests which have to be abandoned as she cannot complete the test.

This brings me to the hypothetical question. Should a police officer decide to breathalyser her. She would not be capable of performing the test and is therefore liable to be arrested. the penalty I believe is :-

The maximum penalty for failing to cooperate with a preliminary test is a £1000 fine, 4 penalty points endorsed on the driving licence and the court has the power to impose a ban at it’s discretion.

Is it worthwhile she asks her doctor to provide a letter to carry with her to the effect that she cannot provide a breath test, or would the police request a medical report prior to charging her with an offence?

I believe there is an option whereby you can request a blood test instead (back at the station) and avoid any possibility of the afore mentioned charge.

EDIT: Note I'm saying she'd avoid being charged, I'm guessing she'd still probably get arrested. But on the bright side, at least she won't have her DNA held forever now.

EDIT 2: That won't stop her DNA being taken but when the decision to take no further action is taken or at acquital, she can request her DNA sample be destroyed.

I would of thought that if she explained the situation to an officer, they could take into account what she was saying & if they wished to persue it, they would either offer or demand that a blood test be used instead.

So long as your wife was willing to co-operate, I see no reason for her to be arrested given her medical history and up front disclosure about it.

Personally, if I were in her situation, and arrested because I have a medical condition that prevented me giving a breath sample (and I'd informed the officer of this prior to being arrested), then I'd be seeking compensation - even if that was a simple face to face apology from the officer involved (I think that would actually be better than monetary compensation, but there you go).

There is a procedure in place. If she refuses to provide specimin of breath she would be arrested (even if she has a valid reason) she would then have option to provide blood to doctor.

you can be excused on medical grounds, this woule be established either at the road side, however this may alos need to be on her license with eht eDVLA as a medical condiition.

Originally Posted by The Guru

There is a procedure in place. If she refuses to provide specimin of breath she would be arrested (even if she has a valid reason) she would then have option to provide blood to doctor.

Then that procedure desperately needs reviewing.

Originally Posted by The Guru

There is a procedure in place. If she refuses to provide specimin of breath she would be arrested (even if she has a valid reason) she would then have option to provide blood to doctor.

Surely there is a difference between refusal and simply not being able to? If she tried but couldn't then she has co-operated to the best of her ability.

Yes but if she didn't try because she knew she couldn't, then the officers may think she's just refusing cos she doesn't want to. You'd hope the police would be sensible about it but you can't guarantee that. I'd say best bet is use common sense and get a letter from the doc and maybe something from the DVLA.

Tricky. Prob get arrested but not charged.

Don't give 'em a reason to do the breath test in the first place might be the best option at the moment. Tim, you do the driving over Christmas

How likely is it she'll get stopped and tested? The police need a reason to stop you, speeding, erratic driving etc then they must have suspicion that you are under the influence to request a breath test, ie smell or your actions.
In the extremely rare and unlikely event that she is stopped and asked for a cample i'm sure it would very quickly be resolved and perhaps you are concerned over nothing. However if you feel that its likely she will get stopped??? then i'm sure your doc will provide a letter for £25 but fairly shure this would not prevent the return to the station for the blood test anyway.
Hope everything works out for her medically.