DUI and Breath Analysis

Updated 1 Jan 2021

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.

It is an offence to refuse or fail to submit to a breath analysis in accordance with the directions of the officer.

Similar defence provisions are available as set out for Breath Testing. (see DUI – Random Breath Testing)

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