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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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I blew .35 on police station breath test but .77 on roadside

Customer Question

Hello I blew .35 on police station breath test but .77 on roadside one will I get a ban? Am on bale until Feb 2015 thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

Let me try and help you. I would not expect the police to charge you where the evidential test (the one at the station) shows that the alcohol in their system is within the maximum legal prescribed limit of 35 microgrammes of alcohol in 100 millilitres of breath. You mention that you were .77 at the roadside - Back calculation is where the police try to prove that a driver who was under the legal limit at the time the evidential specimen was obtained, was nevertheless above the legal limit at the time of the alleged offence. If back calculation is considered, the you would be given the option to replace the breath specimen provided to an alternative specimen for analysis (blood or urine). The fact that you make no reference to this rather suggests that they will not ultimately charge you. I hope this helps. Please rate positive - thanks