My Rights In Relation To Breath And (Drug) Oral Fluid Tests And Next Legal Steps
When can NSW Police breath test me?
NSW Police must have reasonable cause to believe you are or were driving a motor vehicle on a road or road related area within 2 hours of the alleged driving.
Can I be breath tested at my home?
You cannot be tested at your home.
What happens if I refuse to take a breath test?
If NSW Police make observations of you to be affected by drugs or alcohol you can still be charged with Driving Under the Influence.
What is the penalty for refusing to comply with NSW Police requesting a breath or oral fluid test?
Heavy penalties may apply. However, there may still be legal defense available to you if you are medically unfit to provide a sample.
I breath tested low, mid or high range PCA (prescribed concentration of alcohol) and losing my driver’s license will affect my job and ability to work?
Drinkwater Criminal & Family Law are experts in Traffic Law and available to assist you in either a one-off consultation prior to you making a decision regarding your license and the best way forward or full representation at Court considering your employment. You will receive honest feedback on your driving history, get advice on the best way to represent your unique circumstances and the legal penalties likely to be applicable to you within the Court system.
Can I get Legal Aid for Traffic matters?
Legal Aid is unfortunately not available for most traffic offences, unless there is a risk of imprisonment. Contact Us
What Courts does Drinkwater Criminal & Family Law represent clients in?
We represent criminal traffic offences at Forster and Taree Local Courts and across the Hunter and Newcastle area including Raymond Terrace Local Court, Maitland Local Court, Newcastle Local Court, Belmont Local Court Toronto Local Court and Singleton Local Court.
For further information see the following pages or Contact Us