Yes – in certain circumstances. Most people plead guilty to drink driving offences. It is possible that no conviction is recorded based upon your excellent character, good driving history, circumstances of the offences, your health, age, antecedents, mental condition and much more. There is specific provision within legislation that allows a Court to arrive at this decision although it is a discretionary matter for the Magistrate.
In some instances, the matter should be defended, or at least the possibility of defending the case. It may be possible to challenge the breath analysis reading. Time limits apply to police demanding a breath test and breath analysis or blood test. There are restrictions on where a police officer can demand a test – for instance not in your home (the meaning of home is not necessarily limited to inside your house!). For accurate advice about your case, contact our criminal defence specialists or drink driving lawyers.

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