I am seeking some advice re drink driving. If a roadside breath test is failed but then no further specimen is obtained (person taken to hospital due to broken wrist, nurse couldn’t get a blood sample & also person couldn’t provide urine sample in time but did try) then can they still be charged? Would they instead be charged with driving whilst unfit and rely on evidence from witnesses that the person was drunk? It was not me driving, I was a passanger, and the car hit a lamppost.
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