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 for the charge of Refuse breath test - drink driving

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

1. The person refused to undergo a preliminary breath test when required to do so.

Possible Defences - Refuse breath test - drink driving

1. Factual dispute.

2. 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.