Hospital cases: Drink Drive Solicitors

Whenever a driver is injured in a road accident and requires medical treatment, the police have the power to request an evidential alcohol sample at the hospital. If the motorist’s injuries prevented the police from carrying out a roadside breath test, or if a driver becomes unwell at the police station and therefore must be transferred to hospital for medical care; blood or urine samples may be requested while the driver is being treated as a patient. However, there are many procedures that must be adhered to surrounding taking samples and specimens from a hospital patient. Of course these procedures exist to ensure the wellbeing of the patient, but If such procedures are not complied with in full, there may be grounds to build a defence in respect of the driving offence.

As evidential breath testing devices are not available at the hospital the police are most likely to request a blood or urine sample. Blood or urine samples can only be taken at hospital with express permission given by the medial professionals caring for the patient, and only if the doctor certifies that you are fit to provide such a sample.

Police officers can make mistakes when conducting procedures away from the station. Such mistakes can involve non-adherence to the practices and procedures that govern taking blood or urine samples in an Hospital environment. If you have provided a specimen at the hospital you should enlist the services of an experienced motoring offence solicitor in the first instance – even if the police have told you they will contact you when they receive results from your test. You should not wait until you know the police results before contacting us. We have access to expert forensic scientists.

Why contact Brian Koffman & Co.

As specialists in defending drivers charged with drink related offences we know this area of law inside out. If there are any procedural issues surrounding your case we will find them and use them to your advantage. You may have been arrested for drink driving following an accident and not taken to hospital, and this in itself could form the basis of a strong defence, especially if you hit your head or lost consciousness following the collision. Even if you provided a sample that was found to be above the limit that does not necessarily mean that you will be convicted.

The law provides added protection for someone when they are admitted as a patient in hospital and asked to provide a sample. The suspect is in fact being asked to provide evidence against them and the procedure surrounding this is extremely strict. We have dealt with countless cases where the officers make the same routine mistakes time and time again. When the correct procedure is not followed the Crown’s case is often flawed which results in a successful acquittal. You, like everyone else, have the right to a fair trial and we will support you every step of the way in putting your case forward.

Contact us today

If you have been asked to provide a blood or urine sample at the hospital and are worried about facing prosecution for drink driving, please contact Brian Koffman & Co on 0161 832 3852 for a free consultation or submit an enquiry.