Refuse Breath Test

The charge of refusing a breath test is an offence frequently heard in the Magistrates Court.

The circumstances where this charge would be laid is where a person refuses to undergo a preliminary breath test when requested or required to do so.

Essentially, to prove this charge the Police must establish that the accused did refuse to undergo a preliminary breath test when required to do so.

Deciding on whether to plead guilty or not guilty is an important decision. An experienced drink driving lawyer can advise you on how to get the best result and minimise the impact on your life, based on your individual circumstances.
 

If you have been charged with Refuse Breath Test, you should call us to discuss your case and your options.

Defending a charge of refusing a breath test may entail a dispute of the facts that are being alleged or that 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.

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

The legislation for this offence can be found on section 49(1)(c) of Road Safety Act 1986 as follows:

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;