2 Hour Rule

There are a number of legal defences when it comes to drink driving or alcohol related traffic offences and the”2 Hour Rule” is an example of one of these defences. This Defence puts the microscope onto the Police handling and procedures taken during the time of arrest and charge for a drink driving or DUI type of offence.

It will be up to the police to show and if need be prove in Court that you registered a Blood Alcohol Concentration (BAC) reading over the specified legal limit at the time you were operating a motor vehicle.

Police procedures involve creating a Breath Analysis Certificate which is generated by the Police breath analysis instrument. Police are obligated to provide you with a copy of this Breath Analysis Certificate.

One possible defence that may arise out of this situation relates to the time period in which Police conduct the breath analysis. Police are obligated by law to conduct the breath analysis or blood sample within 2 hours after the event or time in which a person was operating a motor vehicle.

Any evidence produced before the Court which fails to follow these policing and  procedural obligations MAY be found to be inadmissible  subsequently the charge may be dismissed or reduced to a lesser charge.

Often situations where an accident has occurred and the police arrive sometime later to assess the situation and perform a breath or blood test then this can result in the police actually performing the breath or blood analyses outside of the 2 hour window.

To assess whether or not you may be in a position to run a drink driving defence based on the 2 hour breath/blood analysis rule then you should contact our office to discuss you matter immediately.

 

CONTACT US ABOUT DRINK DRIVING DEFENCE – 2 Hour Rule:

Speak to our DUI Defence Lawyers – Josh Boorman Ph: 1300 941 900


Our DUI Lawyers can be contacted at:

Sydney Drink Driving Lawyers | DUI Solicitors NSW

14/362-370 Pitt Street
Sydney NSW 2000

Email: jboorman@boormanlawyers.com.au

DUI Defence Lawyers was written by Josh Boorman a Sydney Drink Driving Lawyer.

Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation and information on Challenging a DUI Reading with DUI Lawyer Sydney.

Please contact Josh Boorman today to discuss Drink Driving Defence & DUI Defence over the telephone or via email for an initial FREE consultation with qualified Sydney Drink Driving Lawyers.