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Refuse breath test - drink driving
Refuse breath test - drink driving
What the Law states - Refuse breath test - drink driving
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs
49. 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
(1A) A person may be convicted or found guilty of an offence under paragraph (c) subsection (1) even if-
(a) in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement;
Maximum Penalty in Victoria
First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units
What the Prosecution must prove - Refuse breath test - drink driving - Vic
(a) The accused refused to undergo a preliminary breath test when required to do so.
Possible Defences - Refuse breath test - drink driving
(a) Factual dispute.
(b) When the person was asked to undergo a preliminary breath test, more than 3 hours had passed since the person last drove, was an occupant of or was in charge of a motor vehicle.
Which court will hear the charge of Refuse breath test - drink driving
Magistrates' Court.
