Driving Offences Menu
Doogue & O'Brien Testimonials
"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."
Gary F
"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."
Peter L
"Your compassion during my time of need was outstanding. Many thanks."
Cameron A
"Lots of people kept telling me I should plead guilty except for your firm. You were right."
Lee W
"Everyone was judging me except for you. That support really helped me get through a terrible time."
John A
Recent Articles
Law info, by VIC criminal lawyers.
Refuse to provide further sample - drink driving
Law info, by VIC criminal lawyers.
Refuse drug test - drug driving
Law info, by VIC criminal lawyers.
Exceed prescribed concentration of drugs (drug driving)
Law info, by VIC criminal lawyers.
Exceed PCA
Law info, by VIC criminal lawyers.
Refuse to provide oral fluid - drink driving
Law info, by VIC criminal lawyers.
Driving while exceeding the prescribed concentration of alcohol (2)
Law info, by VIC criminal lawyers.
Refuse to give blood or urine sample - drink driving
Refuse to give blood or urine sample - drink driving
Written by
Paul McClure
Criminal Defence Lawyer
What the Law states - Refuse to give blood or urine sample - drink driving
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(ea) refuses to comply with a requirement made under section 55B(1);
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 to give blood or urine sample - drink driving - Vic
(a) The accused refused to give a blood or urine sample.
Possible Defences - Refuse to give blood or urine sample - drink driving
(a) Factual dispute.
(b) A sample of blood had already been taken from person for the purposes of section 55.
Which court will hear the charge of Refuse to give blood or urine sample - drink driving
Magistrates' Court.
