Blomfield Legal

Beating a Drink Driving Charge in NSW

Tell me how?


Griffith, NSW -- (SBWIRE) -- 04/04/2016 -- How to beat a drink driving charge

How do you beat a drink driving charge? This is perhaps the question that I get asked the most about. Firstly what you have to understand is that the person charged with a drink driving offence is being charged with having a specific amount of alcohol in their blood at the time of driving. The police will have a certificate that indicates a certain presence of alcohol however this will occur at a time after they were driving.

As an example, a man gets stopped by the police and submits to a road side breath analysis at 7.30pm. He fails this road-side test and is then conveyed to the police station where, 30 minutes later at 8pm he receives a reading of .057. This is only indicative of his blood alcohol level 30 minutes after driving. The man is being prosecuted and the police have to prove that at the time of driving he was within the low range concentration of alcohol.

If one can accept that a persons blood alcohol reading can rise in the minutes after drinking it is possible that a person who records a blood alcohol reading of .057 at 8pm could have only had a blood alcohol reading of .046 at 7.30pm. It is the 7.30pm time in which the man is being prosecuted for.

To beat this drink driving charge you will need to show that the driver had consumed alcohol very shortly before driving. The defence will rely on the police reading at 8pm and provide an expert certificate consistent with s79 of the Evidence Act (1995) which shows the reading to be under .050. If this occurs the police will not be able to prove beyond reasonable doubt that the man was driving with a reading above .050.

There are other ways to beat drink driving charges. Call in or make an appointment at the Griffith Traffic Lawyer office of Blomfield Legal.

Piers Blomfield
contact Blomfield Legal