The facts: Finished drinking 11pm, pulled over 11-10pm, roadside reading 0-097, breath analysis 11-40pm of 0-06
The result:Charge dismissed. The reading at the time of driving was shown to be less than 0-05 which is the legal limit. The roadside reading was contaminated by mouth alcohol which only confirmed the instructions that the last drink was had only just before the commencement of driving.
Alcohol takes between 20 to 40 minutes on average to be fully absorbed into the blood system. There are a number of factors that will affect the rate of absorbtion.
At the time of the breath analysis, the reading had reached a maximum – but the client was not driving at that time. At the time of driving, the reading was increasing but less than 0-05.
If this scenario is similar to yours, contact one of our drink driving lawyers for specialist criminal law advice on 1300NOTGUILTY.

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