Refuse drug test (drug driving)

There is a maximum penalty of 18 months imprisonment or a fine of 180 penalty units for a person found guilty of the charge of Refuse drug test (drug driving).

The offence of refusing a drug test drug driving is the sort of charge regularly heard in the Magistrates Court.

There is a maximum penalty of 12 penalty units for anyone found guilty of refusing a drug test drug driving as a first offence; 120 penalty units or a 12 month imprisonment for a second offence and 180 penalty units or 18 months imprisonment for a subsequent offence.

This charge is generally laid in situations where a person refuses to undergo an assessment of drug impairment when required to do so or refuses to comply with any other requirement made under section 55A(1).

In essence to prove this charge the Police must show that the accused refused to undergo an assessment of drug impairment when required to do so or refused to comply with any other requirement made under the section.

Defences to this can be a factual dispute or that when the person was asked to undergo an assessment of drug impairment, more than 3 hours had passed since the person last drove, was an occupant of or was in charge of a motor vehicle.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 49(1)(ca) of the Road Safety Act 1986.

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The purposes when sentencing for Refuse drug test (drug driving) are outlined in the Sentencing Act 1991 s5(1) which provides that the only purposes for which sentences may be imposed are:

    (a) To punish the offender to an extent and in a manner which is just in all of the circumstances OR
    (b) To deter the offender or other persons from committing offences of the same or a similar character OR
    (c) To establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated OR
    (d) To manifest the denunciation by the court of the type of conduct in which the offender engaged OR
    (e) To protect the community from the offender OR
    (f) A combination of two or more of those purposes.

What is the legislation for the charge of Refuse drug test (drug driving)?

Road Safety Act 1986
Section 491CA - Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

...

(c) refuses to undergo a preliminary breath test in accordance with section 53 when required under that section to do so; or

(ca) refuses to undergo an assessment of drug impairment in accordance with section 55A when required under that section to do so or refuses to comply with any other requirement made under section 55A(1); or

...

(*NOTE: some subsections omitted)

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