Criminal Lawyer specialising in DUI Offences, Conveyancing, Commercial Law & Wills and Estate Planning
DUI and Breath Analysis
Following a failed breath test, police have power to then arrest and take the
person to the Police station where they are submitted to a BREATH ANALYSIS.
A breath analysis is carried out on a machine which is a prescribed instrument under the legislation and is referred to as a Lion Intoxilyzer 8000 instrument. This instrument is much larger than the hand held instrument used at the roadside. It is in fact a finely tuned scientific instrument which measures the breath by way of infrared absorption.
The subject blows into the tube until told to stop by the officer. The breath is analysed by the machine using infrared light absorption and prints out a document which gives a blood alcohol concentration. The reading is expressed as grams of alcohol in 210 litres of breath.
Offence:
It is an offence to refuse or fail to submit to a breath analysis in accordance with the directions of the officer.
Defence:
Similar defence provisions are available as set out for Breath Testing. (see DUI - Random Breath Testing)
A breath analysis is carried out on a machine which is a prescribed instrument under the legislation and is referred to as a Lion Intoxilyzer 8000 instrument. This instrument is much larger than the hand held instrument used at the roadside. It is in fact a finely tuned scientific instrument which measures the breath by way of infrared absorption.
The subject blows into the tube until told to stop by the officer. The breath is analysed by the machine using infrared light absorption and prints out a document which gives a blood alcohol concentration. The reading is expressed as grams of alcohol in 210 litres of breath.
Offence:
It is an offence to refuse or fail to submit to a breath analysis in accordance with the directions of the officer.
Defence:
Similar defence provisions are available as set out for Breath Testing. (see DUI - Random Breath Testing)
Any opinions expressed by the writer in articles within this website are not
provided as legal advice, but simply an opinion in respect of the law as it
stands as at 07/02/2012. It is provided as assistance only
& should not be
interpreted as being legal advice for any particular case. Readers should
contact Proctor and
Associates or their own lawyer and obtain individual legal advice
for their particular case.
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Heavy Vehicles | Apprehended Violence Orders | Sexual Assault Charges | Murder & Manslaughter
Property Law | Assault Law | Appeals Court | Mobile Speed Cameras NSW | Conveyancer Parramatta
Website Design Sydney & SEO Australia by justweb®