Refuse to provide oral fluid - drink driving

What the Law states - Refuse to provide oral fluid - drink driving

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(eb) refuses to provide a sample of oral fluid in accordance with section 55D or 55E when required under that section to do so or refuses to comply with any other requirement made under that section;

Maximum Penalty for the charge of Refuse to provide oral fluid - drink driving

First offence: 12 penalty units

Second offence: 60 penalty units

Subsequent offence: 120 penalty units

What the Prosecution must prove - Refuse to provide oral fluid - drink driving

1. The person refused to provide oral fluid.

2. The person refused to comply with any other requiremend made under section 55D or 55E.

Possible Defences - Refuse to provide oral fluid - drink driving

1. Factual dispute.

2. When the person was asked to undergo a preliminary oral fluid 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 to provide oral fluid - drink driving

Magistrates' Court.