Mrs V is correct, the Police cannot seize a vehicle (for crushing) for a breath test failure. What happens is this, if a person gives a positive roadside breath test, the legal alcohol limit in England, Wales and Northern Ireland for driving is 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms of alcohol per 100 millilitres of breath. In Scotland, the limit is 50 milligrams of alcohol per 100 millilitres of blood or 22 micrograms of alcohol in 100 millilitres of breath. Or refuses a breath test, (there is a reasonable excuse) for not doing so, but that has to be given at the time, they are arrested and taken into Police custody. At the Police station, the person is given a final breath test using an Intoximeter, If it’s positive, you will be charged. However, before the second test the person is asked a number of questions regarding consuming or use of, food, medication, mouthwash/spray, or sickness, if you have then a 20-minute wait has to take place, or 30 minutes if CS Gas or Pepper Spray has been used on that person, before the second evidential breath test is conducted. A person can request a blood or urine sample to be taken as evidence as an alternative, this can take up to 2 to 3 hours for a qualified practitioner to attend the Police station to take the test, hence a person could be subseqently under the limit if only marginally over from the initial road side test. The reading with the lower proportion of alcohol is used as prosecution evidence on any positive readings. The latter tests have to be sent to the approved laboritory for testing. Regarding the vehicle, it is recovered from the roadside, if that driver is charged as over the limit, then the Police make a judjement to release them when sober enough, the next day they are legally entitled to recover and drive their vehicle pending a court appearance, however in more serious cases, the Police will consult with the CPS and an intrim ban can be sought via the court, pending the appearance. There is currently a very very long backlog for Crown Court cases to be dealt with, this is only for the more serious of offences, most are dealt with at the Magistrates Court. I think people would be a little surprised if they knew how many contries have a Zero Tolerance, and a large number that have lower BAC limits.
I had originally posted this pre @Iceman 's comment above hence it now being "out of order" then deleted it because I didn't know if it was getting a bit "in the weeds" however....... The police cannot seize a vehicle for drink driving alone. The roadside test is non - evidential (or arrest on suspicion of unfit through...., the police do not have to administer a roadside breath test to arrest you). If you are taken to custody and then blow over / hospital and have other samples taken and charged with the offence, you are at the point of having been arrested and charged, but not convicted, so in the majority of cases can drive until your court appearance. A court order can be made for the seizure of the vehicle once a guilty verdict has been reached sometimes. You can have your vehicle seized if you drive in an antisocial manner for the second time within twelve months after you have been issued a warning (s59) which might perhaps be what you are thinking of?
