Evidential breath analysis has been practiced since 1968. At that time legislation was enacted making it an offence for a person to be in control of a motor vehicle if the blood alcohol concentration exceeded a certain level. Since that time evidential breath analysis has been the main method of law enforcement in matters relating to alcohol and driving. Results have always been expressed as a value of a mass of alcohol in a specific volume of blood. In applying evidential breath analysis as a method of law enforcement the new south wales police have always taken the approach that the breath analysis result should never be of a nature that it would unjustly lead to the conviction of a motorist. It has been found that conviction of a motorist. It has been found that the courts in new south wales have accepted the approach that breath analysis results, expressed as blood alcohol concentrations, always underread the true blood alcohol concentration. This is due to certain factors used when applying evidential breath analysis as the main method of law enforcement in matters relating to alcohol and driving. (A)
Samenvatting