Generally it is not possible to challenge the results of a breath test without a blood test. However, legal advice should be sought if a person drinks alcohol after driving but before the breath test is taken. It may be possible to challenge the results of the breath test:
- if there was an accident and the driver stopped immediately, rendered any assistance necessary and exchanged details with all other drivers and did not consume alcohol at the scene of the accident, or
- if tested at a random breath testing station, the driver must not have consumed any alcohol in the vicinity of the breath testing station.
It will be a question of whether the driver is believed that any alcohol was consumed after the driving and what effect that alcohol had on the driver's blood alcohol level. It is possible that the court may find the driver guilty of a lesser offence (instead of an alcohol level of 0.15 BAC the court may decide the reading should be 0.09 BAC or may find the driver not guilty [Road Traffic Act 1961 (SA) s 47GA].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.