An Australian motorist has been charged with drink driving despite being alcohol-free when he was behind the wheel of his car.

Melbourne man Richard Holyman was driving home from work last Friday evening when he was involved in a minor accident.

Mr Holyman exchanged details with the other driver, checked no one was injured and then continued on his drive to his home in Kooyong, a suburb in Melbourne’s inner-city.

When he arrived home, he and his wife Prue opened a bottle of wine and enjoyed a few glasses with dinner.

However, three hours after the accident, the couple got a knock on the door by a policeman, wanting to breath-test Mr Holyman following the accident.

When Mr Holyman blew 0.007, which is above the legal driving limit of 0.005, he was taken to the police station.

Although the businessman reiterated that he had only started drinking once he was home after the accident, he was charged with drink driving.

The couple said they were unaware that Victoria legislation allowed police to breath test a person up to three hours after an accident, which his wife described as “ludicrous”.

Speaking to 3AW, Mrs Holyman said they spent $5,000 on legal costs before the case was finally settled.

She said the case was due to be heard by a magistrate on Tuesday, but police agreed to settle outside court.

“They agreed to drop charges provided we didn't pursue the $5,000 expenses,” she told 3AW

Were you aware of this little-known rule? Let us know in the comments below. 

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