At Nicopoulos Sabbagh Lawyers, we understand the serious implications of a drink driving charge. Being charged with drink driving can have significant consequences, including fines, licence suspension or disqualification, and in some cases, even imprisonment. However, it’s important to know that there are legal defences available to individuals facing drink driving charges. In this blog, we will explore some of the key legal defences that may be applicable in NSW drink driving cases.


1. Inaccurate Breath or Blood Test Results:

One of the most common legal defences in drink driving cases involves challenging the accuracy of the breath or blood test results. Breathalyzers and blood tests are used to measure a person’s blood alcohol concentration (BAC), and inaccuracies in the testing process or maintenance of testing equipment can potentially lead to unreliable results. Your legal representative may challenge the accuracy of the testing procedure or the calibration of the testing equipment to cast doubt on the validity of the BAC reading.


2. Failure to Follow Proper Procedure:

Police officers are required to follow specific procedures when conducting a traffic stop and administering breath tests. If it can be demonstrated that proper procedures were not followed, it may provide grounds for a defence. For example, if the police did not have reasonable cause to stop the vehicle, or if the breath test was not administered correctly, it could potentially weaken the prosecution’s case.


3. Necessity or Duress:

In some circumstances, a person may have driven under the influence of alcohol out of necessity or due to threats or coercion (duress). For example, if driving while over the legal alcohol limit was the only way to avoid a greater harm, such as a medical emergency, this could potentially be used as a defence.


4. Honest and Reasonable Mistake of Fact:

Another potential defence is an honest and reasonable mistake of fact. This defence may apply if the driver honestly and reasonably believed that they were not over the legal alcohol limit at the time of driving. For example, if there was a genuine belief that the last drink consumed had a lower alcohol content than it actually did, this could be used as a defence.


Facing a drink driving charge in NSW can be a daunting experience, but it’s important to remember that there are legal defences available. Successfully mounting a defence in a drink driving case often requires the expertise of a skilled and knowledgeable lawyer. At Nicopoulos Sabbagh Lawyers, our experienced team understands the complexities of NSW traffic law & Criminal Law and our solicitors & Barristers can provide the guidance and representation needed to navigate the legal process effectively. If you or someone you know is facing a drink driving charge in NSW, don’t hesitate to contact us for personalized legal assistance tailored to your specific circumstances.


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Nicopoulos Sabbagh Lawyers a reputable Law Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law.


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*This article correctly reflects the Laws of NSW as at 30th January 2024.


*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.


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