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3 hour breath test?
Posted:
November 17th, 2011, 2:21 pmby Thomas in Epping VIC
Hey I was wondering if you could settle an argument I had with some blokes the other night at the pub. We were talking about drink driving and my mate said that the police must take a person’s breath test within 3 hours of a person driving a car. Is this right? I told my mate I didn’t think the police were restricted by a timeframe.
Re: 3 hour breath test?
Posted:
November 17th, 2011, 2:52 pmby Heidelberg Lawyer
As a general statement of law, the police must take the breath test within 3 hours of driving. If taken outside, then the receipt from the breath testing device, containing the motorist’s Blood Alcohol Content (BAC) will not be admissible as evidence in a subsequent Court proceeding for a charge of drink driving.
Re: 3 hour breath test?
Posted:
November 17th, 2011, 5:37 pmby Victorian Lawyer
It is 5 hours if there has been an accident. Like most drink drive rules there are exceptions and complications. The three hour rule is generally the starting point.