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Frequently Asked Questions

What advice can I receive as a suspected drink driver?

In this situation your first right is to contact a lawyer. Within reason, you are entitled to ring a lawyer of your choice. In any event, the Police will have with them inside a Booze Bus or at the Police Station a list of lawyers under the Police Detention Legal Assistance Scheme. A lawyer will tell you what you should do.

If you fail to take both the evidential breath test and the blood test you stand to lose your licence indefinitely if the Court ultimately convicts you to excess blood alcohol, excess breath alcohol, and within the last five years there is another qualifying offence e.g. EBA. As a rule of thumb it is advisable to accept the evidential breath test.

If you are marginally over the legal limit of 400 micrograms of alcohol per litre of breath you may consider the blood test. If you have this you will incur expenses for medical services and analyst fees. Food and rate of alcohol consumption will be another factor of deciding whether to take the blood test or not. You will need to discuss this with the lawyer that you ring before you decide to take the evidential breath test. Under no circumstances should you refuse to accompany a Police Officer for the purposes of undertaking any of the abovementioned procedures.

 

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Email: President@criminalbar.org.nz
Criminal Bar Assocation.
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