The Northern Territory courts take drink driving offences very seriously. Under the drink driving legislation a person who pleads guilty or is found guilty of driving with a blood alcohol level of over the legal limit will lose their drivers licence for a specified period. The legal limit in the Northern Territory is .05. In many case the magistrate has no discretion and there are no exceptions.

There are, however, a number of defences which are available. A person who is required to provide a sample of breath into a breath analysis machine should be provided with a print out from the police detailing the results within 1 hour of providing the sample.

A person required to provide a sample of breath into a breath analysis machine also has the right to ask the operator of the breath analysis machine to make the necessary arrangements for a blood test.

Finally, if you have any medical reason why you can’t blow into the breath analysis machine that should be made clear to the police and arrangements can be made for you to be transported to the hospital for the purposes of providing a sample of blood.

There are defences to exceed .08 matters and those people whose licence is crucial for their employment should speak to a specialised criminal lawyer to ensure that there are no defences available.