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Section 97 Liquor Act 2007
Inadmissibility of Breath Testing Results

Section 97 of the Liquor Act 2007 (NSW) is concerned with Inadmissibility of Breath Testing Results and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

97 Breath analysis equipment

(1) Evidence of the results of a test indicating the presence or concentration of alcohol in the breath or blood of a person by means of a breath analysing instrument installed on licensed premises is not admissible:
(a) in any civil proceedings against the licensee of the licensed premises (subject to subsection (2)), or
(b) in any criminal proceedings.

(2) This section does not prevent the admission into evidence in civil proceedings of the results of a test if it is established that at the time of the test:
(a) the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or
(b) the licensee was aware or should have been aware that the instrument was not operating correctly, or
(c) subsection (4) was being contravened in respect of the breath analysing instrument concerned.

(3) For the purposes of this section, a “breath analysing instrument” is an instrument that is designed to ascertain by analysis of a person’s breath the concentration of alcohol present in the person’s breath or blood, being an instrument of a type specified in AS 3547–1997: Breath alcohol testing devices for personal use, published by Standards Australia. That standard, as in force from time to time, is the relevant Australian Standard for the purposes of this section.

(4) At all times that a breath analysing instrument installed on licensed premises is available for use by patrons on those premises there must be prominently displayed on or in close proximity to the instrument a sign that complies with the requirements prescribed by the regulations.

(5) If subsection (4) is contravened, the licensee of the licensed premises is guilty of an offence. Maximum penalty: 20 penalty units.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
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