Sacked for blowing over 1 in the Police drink drive Rule.....

[Jasonoughts]

Hello Guys / Gals,

 

I love coming here as there is people that give expert advice, and if followed you can save a scrape or two.

 

I have a mate that works a 6-2, 2-10 pm shift, on this day he has gone in early at 5:45am. He has had a few beers that day before and someone has smelt alcohol on his breath. He has suggested that there is some harresment from some fellow employees.

 

Anyway, he has started work at 6am but got breathalyzed at 6:15am.

 

This had a reading of 36... 1 point over the 35mg limit...

 

West Yorkshire Police do not Prosecute anything under 40mg

 

My mate had, mouth wash and Benylin which apparently can bump up dodgy lion 500 Alcometer readings.

 

They only give one chance on the blow meter, instant termination....

 

Does he have a chance?

 

He got set on the books, but not been there 2 years....

 

Ideas?

[JoeyJoeC]

Unless he had the mouthwash seconds before he took the breath test, and drank a few bottles of benylin before the test, then I doubt there is much he can do.

[p3t3r]

Unless he had the mouthwash seconds before he took the breath test, and drank a few bottles of benylin before the test, then I doubt there is much he can do.

hi, i disagree with this post.

 

mouthwash can give an artificial reading upto around 20 minutes after it has been used.

 

drinking a few bottles of benylin VS normal dose of mouthwash would probably produce more or less the same breathalyser result. (though a different blood test result)

 

the only accurate alcohol test would be from a blood sample.

 

maybe your friend can use that in an appeal? sorry, i can't help with the employment/dismissal issue

[JoeyJoeC]

mouthwash can give an artificial reading upto around 20 minutes after it has been used.

 

Unless he drank the mouthwash, no it doesn't.

[p3t3r]

yes it does. it will give an artificial reading. google it. i am sure there are many articles on google concerning this.

[JoeyJoeC]

I've been through all this in the past. Not again.

 

Either way, did he make it clear that he had taken mouthwash shortly before the test? If not why not?

 

The reason seems obvious.

[p3t3r]

I've been through all this in the past. Not again.

 

Either way, did he make it clear that he had taken mouthwash shortly before the test? If not why not?

 

The reason seems obvious.

 

then i shall google for you...

 

Mouthwash and breath spray may mask the smell of alcohol on your breath, however using these substances just prior to a breath test may actually increase the BAC level you register. Mouthwash and breath sprays frequently contain alcohol and will leave residual alcohol in your mouth and on your breath for up to fifteen minutes after use. You are very likely to register a higher result if you use these products a few minutes prior to being breath tested. It is important to note here that obtaining an accurate alcohol test result requires two things: 1) an accurate instrument and 2) utilization of proper testing procedures. That is why it is universally accepted that an accurate result requires waiting 15 minutes to take the breath sample after the tested subject has put anything into his her mouth.

http://www.lifeguardbreathtester.com/Select_Breath/pbt_myths.shtml

 

Above quote mentions residual alcohol in the mouth. Factors which can increase the residual alcohol - the readings and the times are periodontal disease (gum), dentures. It is argued that the mouthwash can get trapped within the gum and dentures - increasing the time.

 

As I said, only accurate reading is a blood test. Or a breathalyser, but the breathalyser should only be used after waiting, not instantly.

[GrumpyToSayTheLeast]

What job is it and what does his contract say regarding being under the influence?

[Michael Browne]

What job is it and what does his contract say regarding being under the influence?

Exactly, he may have only been 1 over the drink drive limit, but nevertheless was 36 over a zero reading

[SabreSheep]

Did he use the mouthwash and benalyn after he started work?

If not

 

" however using these substances just prior to a breath test may actually increase the BAC level you register."

 

more than 15 minutes is not just prior

[caro]

Hello Guys / Gals,

 

I love coming here as there is people that give expert advice, and if followed you can save a scrape or two.

 

I have a mate that works a 6-2, 2-10 pm shift, on this day he has gone in early at 5:45am. He has had a few beers that day before and someone has smelt alcohol on his breath. He has suggested that there is some harresment from some fellow employees.

 

Anyway, he has started work at 6am but got breathalyzed at 6:15am.

 

This had a reading of 36... 1 point over the 35mg limit...

 

West Yorkshire Police do not Prosecute anything under 40mg

 

My mate had, mouth wash and Benylin which apparently can bump up dodgy lion 500 Alcometer readings.

 

They only give one chance on the blow meter, instant termination....

 

Does he have a chance?

 

He got set on the books, but not been there 2 years....

 

Ideas?

 

I didn't know the police had any discretion about the level they prosecute for drink driving. Was this a breathalyser at work or by the police? Sorry if I'm being thick.

[SabreSheep]

im thinking it was work

[havinastella]

35 or below Suspect will not be charged between 36 and 39 Suspect should be released with caution or without charge (in serious cases back calculation is considered)

 

http://www.drinkdriving.org/police_breath_alcohol_test_evidential.php

[caro]

Thanks both. You live and learn. Still wouldn't want it risk it though.

[Sidewinder]

You need to know the precise policy in force if this was a workplace breath test. As previously stated, there may well be a huge difference between what level is permitted in the workplace and what would be acceptable in a roadside (or intoximeter) test. What does the policy say about disclosure of having taken any substance likely to give a false positive? Is there an opportunity to delay the test after disclosing having used mouthwash or medication?

 

Whichever way you look at it, having a 'few beers' the night before, knowing that the workplace has any form of testing policy is living dangerously.

[ericsbrother]

many occupations have a zero limit so is this company using a 35mg as a level for determining capacity? Ther are arguments that can be used regarding the meter and its use (or failings) but the company obviously has protocols that it uses so that may not matter as the protocol may very well override the necessity to have an exact figure to determine fitness to work after drinking. He would need to read the employmernt conditions very carefully before deciding what arguments to put forward.