Can I challenge the results of a breath test/blood test?

• Most valid challenges concern the time the breath test or blood test was taken.
• There are time limits in which the police can breath test or blood test you.
• If the test is taken outside the time limit you may have a valid defence.
• Challenges based on the amount you have drunk being inconsistent with the breath test result are rare but can be possible.

• Any challenges to a breath test or blood test require complicated legal arguments. You should consult a lawyer before considering your options. You can find an experienced lawyer in your area by using our free Find a Lawyer directory.

• There are circumstances where your excuse may be more appropriately used on a ‘guilty’ plea rather than at a contested hearing.