NSW Drink Driving & Traffic Offences

I have received an infringement for a drink driving offence. I was picked up in a booze bus on the way home from work. I had 2 glasses of wine before I drove home. I felt fine. Anyway, I blew 0.075 and received an infringement, I was told I was going to lose my license for a minimum period of 6 months. I answered all of their questions, gave information about how much I had to drink, etc. and although I was very surprised at my reading I assumed that I couldn’t challenge that reading. My friends have since suggested that I could have requested a 2nd breath test, or blood test, is that true?

The law does not allow you to request a 2nd breath test. You are entitled to request a blood sample, and if requested the police must allow this to occur. Cases have also established that a police officer must not dissuade a person from seeking a blood test on the basis that it might return a higher bac reading. Unfortunately, there is no obligation on the part of the police officer to advise you upon taking a breath sample, that you can challenge the reading by requesting a blood sample. That is to say, failure to advise you of the opportunity to request a blood sample (with a view of challenging the reading) will not of itself provide you with a defence.