The offence of refusing to provide oral fluid is a charge heard in the Magistrates’ Court.
The maximum penalty stated above may be imposed by Courts if the offence is committed for the third time or subsequently. For first-time offenders, the maximum penalty that could be imposed is a fine of 12 penalty units. A second offending may result in a fine of 60 penalty units.
A licence disqualification will also be imposed for at least 2 years for first offences.
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 provide oral fluid.
In essence, to prove this charge, the Police must show that the accused refused to provide oral fluid or refused to comply with any other requirement made under section 55D or 55E.
Defences to this may arise as a factual dispute, or where the accused was asked to undergo a preliminary oral fluid test, that more than 3 hours had passed since the person last drove, or whether the accused 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)(eb) of the Road Safety Act 1986.
Further information on Refuse to provide oral fluid (drug driving)
In a case of Refuse to provide oral fluid (drug driving), the following defences may be applicable to the charge:
- Mental Impairment
- Charges are Statute Barred
- Sudden or Extraordinary Emergency
- Factual Dispute/Beyond Reasonable Doubt
What penalties can be imposed for a charge of Refuse to provide oral fluid (drug 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 provide oral fluid (drug driving)?
The legislation for this offence can be found on section 49(1)(E)(b) of Road Safety Act 1986.
We currently have no available case studies for the charge of Refuse to provide oral fluid (drug driving).
Media articles related to the charge of Refuse to provide oral fluid (drug driving):
Links to further information about the charge of Refuse to provide oral fluid (drug driving):
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Refuse to Provide Oral Fluid – Drink Driving, Shaun Pascoe.