Road Traffic Acts Analysis

THE LAW

Driving under the influence of alcohol is currently prohibited under the following UK laws:
 

Road Traffic Act 1988
Road Traffic (Northern Ireland) Order 1995
Road Traffic Offenders Act 1988
Transport and Works Act 1992

These laws also apply to a number of other activities.

THE PROCEDURE

If you are suspected of drinking and driving you will be asked to provide two samples of breath.
The limit of alcohol in breath is taken to be 35 micrograms per 100 millilitres.
However, if your reading is below 50 you must be given the option to produce an alternative
sample of blood or urine.

There are other occasions on which you may be asked to provide a sample of blood, for example if the reading from the breathalyser instrument is thought to be unreliable or if you are physically unable to provide a breath sample through ill health.

Once you have accepted the option to provide a sample of blood/urine any legal action can only be based on the reading obtained from this sample.

THE LEGAL LIMITS

 The prescribed limits for alcohol in blood and urine, as defined by the Acts above, are:

 80 milligrams of alcohol in 100 millilitres of blood
107 milligrams of alcohol in 100 millilitres of urine

 INDEDENDENT ANALYSIS

Individuals who choose, or are required to give a specimen of blood or urine, at the same time will be offered part of the specimen. You are entitled to have this sample analysed by an independent laboratory. At MSA we use state-of-the-art equipment to produce the most reliable results possible. Our methods are accredited by UKAS and approved by the Royal Society of Chemistry. Samples are usually analysed within 2-3 days of receipt and we will provide a legally valid statement of the result.

SUBMITTING A SAMPLE

1)      Ensure that the sample is sealed in the envelope by the person collecting the sample
or by a Police Officer.

2)      Do not attempt to open the envelope or interfere with the sample in any way.

3)      If possible keep the sample refrigerated or cold.

4)      Ideally, the sample should be analysed within five days of collection.

5)      Samples can be brought to our laboratory in person (please telephone first).
We will require payment together with the sample.

6)      Samples can be sent by post, recorded delivery is recommended.
A simple “Jiffy” bag offers suitable protection. Please enclose a short letter,
with your contact details and a request that the sample is analysed, and the payment.

7)      The cost of this service is £110 inc. VAT, by cash or cheque made payable to
Mass Spec Analytical Ltd.

8)      If you have any questions please contact a member of staff who will be able to advice you.

CALCULATIONS (back calculations)

Even if a sample is measured below the legal limit, the prosecuting authorities will sometimes rely on calculations to obtain a prosecution.

As defence experts, we can undertake calculations based on our measurements or the measurements from other laboratories.

When can this be useful? Some examples:

A driver claims to have taken a drink following an accident and needs to prove that this drink pushed them over the limit.

A driver believes that his drink was spiked and needs to prove that this shot of spirit pushed him over the limit.

A driver “sleeping it off” in the back of his car may need to prove at what time he would have been fit to drive.

We can also review and comment on reports produced by other experts.