what happens if a person is unable to supply a breath test due to a medical condition or extremely high level of intoxication - tenyearsafter
The police will always ask if there is a medical reason why they can't use a breath test. In that case I think they are given the option of blood or urine testing. The limit is 107 milligrams of alcohol per 100 millilitres of urine.
If somebody is so badly drunk they can't do any of the above they will spend the night in the cells and be charged in the morning when they are sober enough to understand. I know the courts will accept calculations of blood levels based on a sample taken many hours later in cases like this.
Incidently they always breath test both drivers at every accident they attend.
Last year I was coming home very late one night approx 3 am on a rural road near my home there was a car in the ditch. I was fetching my son who had been partying in town. The young male driver was wandering around in the middle of the vey dark road on a bend. I offered to give him a lift home but he became abusive, so I called the police who picked him up a few minutes later. He wa so drunk he didn't get charged until the following morning. I have no sympathy for him, he could have killed somebody.