Refuse drug test - drug driving
What the Law states - Refuse drug test - drug 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-
(ca) refuses to undergo an assessment of drug impairment in accordance with section 55A when required under that section to do so or refuses to comply with any other requirement made under section 55A(1);
Maximum Penalty for the charge of Refuse drug test - drug 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 drug test - drug driving
1. The person refused to undergo an assessment of drug impairment when required to do so.
2. The person refused to comply with any other requirement mad under section 55A(1).
Possible Defences - Refuse drug test - drug driving
1. Factual dispute.
2. When the person was asked to undergo an assessment of drug impairment,
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 drug test - drug driving
Magistrates' Court.
