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Drink Driving is one of the most common criminal offences before the Courts and it is important to seek advice from an expert traffic lawyer.

Your licence type will determine what level of BAC you are permitted to drive at. All learner drivers and probationary (level 1 and 2) drivers are required to have a zero BAC level. All other drivers are generally allowed to drive if they have under .05 BAC, however if you have a zero condition licence, you must also have a zero BAC level. Failing to perform a preliminary breath test carries with it a mandatory 2 year minimum loss of licence.

To successfully prove a case of drink-driving, the Police have to prove beyond a reasonable doubt that:

  1. You did drive a motor vehicle;
  2. On a Public Road; and
  3. With a blood alcohol concentration level above the prescribed amount of 0.05.

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

One defence which exists for drink-driving is the “home safe” defence. What this essentially means is that the Police cannot request 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 breath test was illegally or improperly obtained and that any 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.

If you are charged with a drink driving offence, you need expert drink-driving lawyers. Contact Thexton Lawyers for your first free consultation. You can call 1300 388 298 or email


Our criminal law specialist, Glenn Thexton, provides answers
to your common criminal law questions:

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