Refuse to give blood or urine sample - drink driving
What the Law states - Refuse to give blood or urine sample - 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-
(ea) refuses to comply with a requirement made under section 55B(1);
Maximum Penalty for the charge of Refuse to give blood or urine sample - 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 to give blood or urine sample - drink driving
1. The person refused to give a blood or urine sample.
Possible Defences - Refuse to give blood or urine sample - drink driving
1. Factual dispute.
2. 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.
