QUOTE (Jamez80 @ Sun, 18 Mar 2012 - 11:24)
Correct me if I'm wrong, but can't you chose to give a blood sample instead of breath test?
No - that's an urban myth which seems to be mainly the fault of
Withnail and I. If the breath test reading is lower than 50 then you have the option of giving a blood/urine test and having that reading used in place of the breath reading. It's usually in one's interests to do so, if only because it takes time to arrange the blood test, and the extra time metabolising the alcohol might make the difference between passing and failing. And if there's a genuine medical reason why someone can't give a breath test then they'd have a defence to failure to provide and the police would (or should) require them to take a blood or urine test instead. But there's no general right to refuse a breath test and insist on giving an alternative one instead. Relevant legislation is
here (especially section 7 and 8).