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September 9th, 2009 admin Leave a comment Go to comments

Can Breath test on your own site?

I live in NSW and got done for DUI the other night. I had a few drinks over many hours if not I guess over. Although it was not really thinking because my gf was an asthma attack and had to get home from her puffer. As I pulled into my driveway she flashed me my breath. I explained that I thought it was not legal for them to breath on my own site. They told me they could. So I went to the front of my driveway than to give the breath sample that is part of the council property. I just blew over and they arrested me. I have since discovered that I had every right to refuse them because I was at my usual place of residence, but wonder what the law is standing on board between my house and part of the way? And if a difference that I asked them a direct question about if they breath on my property and that they gave me false information to me to bring to the Board portion of the yard?

Yes they can. It is illegal to drive on a public highway when under the influence of alcohol (.00 for P Platers and learners and 0.05 to 0.08 for the full license drivers depending on jurisidiction). If the police have reasonable belief that you commit indictible an offense (such as drink driving) they have the right to request a breath test. If you refuse they have the right to arrest you for suspicion of driving under the influence. U natural not deny that your driving under the influence and as such was correct for them to breath test you, because of their reasonable belief was justified. I have no time for people who drink driving, regardless the excuses. If your gf was an asthma attack so severe it warranted drink driving, why did not you call an ambulance? Next time think before you act and just grateful that you do not kill an innocent person this time.

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