Case facts

Finished drinking 11pm, pulled over 11-12am, roadside reading 0.097, breath analysis 11-40pm of 0.06.


Case result

Charge dismissed. The reading at the time of driving was shown to be less than 0.05 which is the legal limit, by use of a pharmacological report. 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 absorption.

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.


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