Your guide to the drink driving laws and penalties

The police may legitimately request that you provide a specimen of blood or urine as an alternative to a breath test, if :-

1. No automatic measuring device is available at the time of your arrest, or it is not working properly.
2. The offence involves drugs and the police officer has taken medical advice that your condition may be due to drugs.
3. The police officer making the request has reasonable cause to believe that breath samples should not be requested for health reasons 

What happens if it is close to the limit?
If the lower of the two breath readings at the station is 39 micrograms or below, then you should be released either without charge or with a caution. If it is between 40 and 50 micrograms, then you MUST be offered the option of providing an alternative specimen of either blood or urine (if the police fail to offer you this option then you will have a defence to the charge). You should be asked which you would prefer, but it is up to the police to decide which one they offer you, unless, again, you have a medical condition which would preclude you from providing the necessary sample. The police cannot take a blood sample without your consent, but if this is the option offered and you refuse to consent then the police can rely on the breath sample they have taken.

If you are asked to provide urine they will ask you to provide two samples within an hour. If blood then this must be taken by a police surgeon, who will have to be called to the station. 

You have a right to have the second sample taken and you should always avail yourself of this right.

What happens if you are charged?
If you are going to be charged you will have the charge read out to you and you will be cautioned about saying anything which may later be used in evidence. You will then be asked to sign the Charge Sheet and a copy will be given to you. You will usually then be bailed to attend at Court on a specified date - ie you will be free to go and must attend Court on the date and time given. You will not usually be allowed to drive from the station (as you would most likely be committing another offence), but you are free to drive until the date of your hearing when any ban that may be imposed will come into immediate effect.