Breathe Test On Property

Can The Police Breath Test Me On My Property?

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Drink-Driving is one of the most common offences before NSW Local Courts.

The Police have to prove that:

  1. You did drive a vehicle;
  2. On a public road;
  3. With a blood alcohol concentration level above the prescribed amount of 0.05.

What is often not known by people charged with this offence is that there are a number of defences available for Drink-Driving.

Home Safe Defence (On Your Own Property)

One defence which exists for drink driving is the “home safe” defence.  What this essentially means that Police should not request for you to submit to a breath test at your home.

Any breath test that is undertaken in the home is unlawful and it can be argued the evidence of the breath test is inadmissible.

The legal definition of “home” is expansive in that Courts have held that a person can have more than one “home”.

Further, if you live in an apartment or unit complex, the definition of “home” can extend to common areas and driveways.

Recently, Benjamin and Leonardo Lawyers represented a client who was driving their vehicle home.
Our Client reached his driveway and parked the vehicle. Police followed him onto his driveway and requested he submit to a breath test, our client failed the test. Police arrested our client and took him to the Police station where he was subjected to a breath analysis. The Breath analysis provided a reading within the Mid-Range, our client was charged with mid-range drink driving.

The charges against our client were ultimately withdraw. We successfully argued the charges should be withdrawn, as our client had submitted to a breath test on his driveway.

If you are charged with a drink driving offence, you need expert criminal lawyers. Contact Benjamin and Leonardo Criminal Defence Lawyers.