I was pulled over and the breath test was over the limit
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I was pulled over and the breath test was over the limit

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20.08.2026

After a work function I was stopped at a checkpoint and my breath alcohol reading was over the legal limit. I have not been charged yet but I got a notice. I rely on my licence to do my job. What are the penalties and can I challenge the result?

Site Administration 25.08.2026
reply date: 25.08.2026

For drivers aged 20 and over, the legal breath alcohol limit is 250 micrograms per litre of breath, or 50 milligrams per 100 millilitres of blood. Penalties depend on the reading and your history. Under the Land Transport Act 1998, a first offence may include a fine, a mandatory disqualification of at least six months, and in some cases a period of supervision or community work, although a court may impose a limited licence in limited circumstances for people who can show that disqualification would cause extreme hardship. If your reading was high or you have prior offences, penalties escalate significantly. Whether the result can be challenged depends on procedure, such as the accuracy of the evidential breath test and whether the officer followed the required steps. Get advice from a lawyer as soon as you can.

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