Drink Driving and Excess Alcohol

If a police officer reasonably suspects that a person who is driving or attempting to drive a vehicle on a road or other public place has alcohol in his body or has committed a moving traffic offence, he can require that person to provide a (roadside) breath test. If this is positive the driver will be arrested. A specimen for analysis will then be required at the police station.

The devices used by the Police to obtain an alcohol reading are regulated by detailed and complicated procedures and must be complied with. For example, if the machine providing the alcohol reading is not operated correctly, you will have a defence. Also, you may not have been driving on a road or other public place; or there may be a substantial difference between the breath/alcohol readings on the printout.

Your case may also fall into a category where, although no defence is available, you could argue that because of exceptional circumstances you should not be disqualified. For example, your drinks had been laced without your knowledge; or you drove the car for a very short distance; or you were responding to a genuine medical emergency. (See Special Reasons.)

If convicted of this offence you should be given the opportunity of attending a Drink Drivers Rehabilitation Course and, if completed satisfactorily, this will result in a 25% reduction of the disqualification.

In cases where the reading is more than 3 times over the permitted limit, the courts will consider imprisonment.