The offence of refusing to give blood or a urine sample 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 to give blood or urine sample 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.
New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.
This charge is generally laid in situations where a person refuses to give a blood or urine sample.
In essence to prove this charge the Police must show that the accused refused to give a blood or urine sample.
Defences to this can be a factual dispute or that a sample of blood had already been taken from the person for the purposes of section 55.
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)(ea) of the Road Safety Act 1986.
Further information on Refuse to give blood or urine sample (drink driving)
In a case of Refuse to give blood or urine sample (drink driving), the following defences may be applicable to the charge:
- Charges are Statute Barred
- Sudden or Extraordinary Emergency
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Refuse to give blood or urine sample (drink driving)?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Refuse to give blood or urine sample (drink driving)?
The legislation for this offence can be found on section 49(1)(E)(a) of Road Safety Act 1986.
We currently have no available case studies for the charge of Refuse to give blood or urine sample (drink driving).
We currently have no available media articles related to the charge of Refuse to give blood or urine sample (drink driving).
Links to further information about the charge of Refuse to give blood or urine sample (drink driving):
Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Refuse to Give Blood or Urine Sample – Drink Driving, Shaun Pascoe.