Challenge A DUI Reading

Sydney DUI Lawyer talks about “Challenging A DUI Reading” – There is a common belief within society that you cannot challenge a PCA reading that has been presented by a police breath analysis instrument, however in reality you do have the right to challenge the breath analysis reading if you sincerely believe that it is incorrect.

Whilst you can challenge the reading it should be noted that the police breath analysis instruments are extremely accurate and very well maintained. In the past these police breath analysis instruments may have been less acurate and maintained however this is no longer the case as the police now realise the importance of the breath analysis readings as evidence and as such measures and more accurate instruments are now in place to ensure that the blood alcohol readings delivered by the police are spot on. Thus, challenging a reading is not an easy process and should not be considered just because you have a hunch that your blood alcohol reading was lower than what was registered by the police instrument.

These days police instruments are well calibrated and maintained and even science experts maintain that their blood alcohol readings are extremely accurate. Police procedure is to subject you to a breath analysis as quickly as possible so that the reading will be as accurate to the true reading of your blood alcohol at the time of driving.

However, where you may decide to seriously consider a challenge to the reading is where you have been tested by the police breath analysis instrument quite a while after the time you were pulled over for driving. Obviously, police must perform a breath analysis within a 2 hour period however if you had consumed alcohol just before you got behind the wheel to drive then for a period of time after your blood alcohol reading may be on the rise.

You need to understand that your blood alcohol levels will go up and down depending on the time in which you consumed the alcohol. Therefore, the time that you are subjected to a police breath analysis you may deliver a blood alcohol reading which is not truly representative of the time in which you were driving.

The circumstances when you may wish to seriously consider challenging a reading is when you may have consumed some alcohol just before getting behind the wheel of a vehicle and then there is some delay in the time in which you are tested by police on their breath analysis instrument and the reading which is produced by the police indicates that you are just over a specific PCA limit, whether that be Novice Range, Special Range, Low Range, Middle Range or High Range PCA.

Obviously, your blood alcohol reading will determine which PCA category your offence falls within and also the seriousness of the offence or whether you have in fact committed an offence. When considering whether or not to challenge a blood alcohol reading you need to understand that the offence of PCA is relative to the time in which you were driving. So if you seriously believe that your blood alcohol reading may be diffent from the time when police subjected you to a breath analysis compared to the time of when you were driving, then you may wish to consider a challenge to the reading.

If you are able to provide us with enough information to instruct a specialist scientist then they may be able to calculate your true blood alcohol reading at the time of driving. The only issue with challenging a reading is that we will have to engage a specialist scientist to provide calculations and a report in relation to you matter which inevitably increases the costs for your legal matter.

As a disclaimer we do not guarantee or make any representations that challenging a reading will change the outcome of the blood alcohol reading or the outcome of your offence. We would highly recommend that you arrange an appointment with us to discuss the likelihood of a challenge and exactly how to go about such a challenge to the reading.

Challenge A DUI Reading:

Speak to our DUI Defence Lawyers – Josh Boorman Ph: 1300 941 900

Our DUI Lawyers can be contacted at:

Sydney Drink Driving Lawyers | DUI Solicitors NSW

Email: jboorman@boormanlawyers.com.au

Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation and information on Challenging a DUI Reading with DUI Lawyer Sydney.