People usually celebrate good times, such as having vacations with friends, families, and relatives. In fact, having a five-day weekend in Australia is worth enjoying. Likewise, it is normal for people to drink. However with the stringent drink-driving legislations in the country, it is important for people to avoid driving while drunk in order to be free from potential criminal liabilities.
To know whether or not the driver is drunk, the police can conduct a breath analyzer test to any person who is driving a vehicle. All states have imposed that the legal limit of blood alcohol concentration in the body for full license holder is 0.05. Special license holder or probationary license holder should have 0.00 drink driving BAC. Going above the limit will charge the offender with a drink-driving offense.
Breath analyzer may be mandatory to some extent that a person who is requested to provide a sample should refuse unless with valid reason, relating to medical necessity or other health condition. However, if the doctor permits a breath analyzer test then the driver cannot be excused. Refusing the breath analysis without a valid reason will subject the person to some penalties.
Breath analysis procedures are usually administered on the road sides. Typically some people would complain about the scenario. In an instant, where an individual is not satisfied with the result or has been found to have gone beyond the legal limit of BAC, he or she may be subjected to fines or license suspension. In exceptional circumstances, an offender may be able to challenge the accuracy of the breath analyzer test.
To challenge the accuracy of the breath analyzer test, it is crucial to establish that the driver has believed in good trust that the device was defective, if the result from the test was wrong, or if the breath analysis was administered incorrectly .
The guidelines regulating breath analyzer test vary from one state to another. It is important to know how the law performs in your state, to be able to understand when you can reasonably reject the breath analyzer test and when you can reasonably challenge the accuracy of the breath analyzer.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.