South Australian Current Acts South Australian Current Acts47GA—Breath analysis where drinking occurs after driving
(1) This section
applies to proceedings for an offence against section 47(1), 47(1a),
47B(1) or 47B(1a) in which the results of a breath analysis under this Act are
relied on to establish the commission of the offence.
(2) If in proceedings
to which this section applies the defendant satisfies the court—
(a) that
the defendant consumed alcohol during the relevant period; and
(b) that
the alcohol was not consumed by the defendant after a police officer first
exercised powers under section 47E preliminary to the performance of the
breath analysis; and
(c) if
the requirement to submit to the breath analysis was made after the
defendant's involvement as a driver in an accident—that the defendant
discharged the duties required under section 43 and any other duties
under this Act required to be discharged at the scene of an accident by a
driver of a vehicle involved in the accident; and
(d)
that, after taking into account the quantity of alcohol consumed by the
defendant during the relevant period and its likely effect on the
concentration of alcohol indicated as being present in the defendant's blood
by the breath analysis, the defendant should not be found guilty of the
offence charged or, in the case of an offence against section 47B, should
be found guilty of an offence of a less serious category,
the court may, despite the other provisions of this Act, find the defendant
not guilty of the offence charged or guilty of an offence of a less serious
category.
(3) In
subsection (2)—
"relevant period" means the period—
(a)
commencing when 3 hours have elapsed since the conduct of the defendant
giving rise to the making of the requirement under section 47E(1) that
the defendant submit to the breath analysis; and
(b)
ending when the performance of the breath analysis commences.