Everyone metabolises alcohol differently, and factors such as weight, gender and age play a role as well; there are no set amounts one can drink and still be under the legal limit. Best is to abstain from alcohol when you will be driving. Mistakes and errors in judgment happen; if you have imbibed and have been involved in an accident requiring medical attention, what can you expect?
Police and the CPS are required to take specific steps when drivers are taken to hospital. These laws are complex and legal counsel should be consulted immediately to ensure your rights are protected. At hospital, you may be required to perform a breathalyser test.
If your attending physician is of the opinion it will not interfere with your medical care, you must comply. Alternatively, they may compel you to take an evidential test. Remember, failure to provide a specimen is its own offense and may result in fines, imprisonment and driving bans.
If you are unconscious, you cannot consent to a blood or urine test. The police may obtain permission from a medical professional who is not in charge of your care. In any event, they must follow specific prescribed procedures to ensure a proper audit trail of evidence.
Because of the complexity of hospital cases, it is easy for police to unintentionally violate procedure. A legal counselor who specialises in drink driving can determine whether any improprieties took place while you were in hospital. These missteps on the part of the police may mitigate your penalty or even result in your case being dismissed for lack of evidence.
Being involved in any alcohol-related accident is frightening, and most people do not fully understand their rights. Be sure that you do. Contact a solicitor straightaway.