Refuse Drug Test – Drug Driving

The charge of refusing a drug test drug driving is and offence frequently heard in the Magistrates’ Court.

The circumstances where this charge would be laid is where a person refuses to undergo an assessment of drug impairment when required to do so or refuses to comply with any other requirement made under section 55A(1).

Essentially, to prove this charge the Police must establish that the accused did refuse to undergo an assessment of drug impairment when required to do so, or refused to comply with any other requirement made under the section.

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

Defences to this can be a factual dispute or that 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.
 

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

Defending a charge of refusing a drug test may entail a dispute of the facts that are being alleged or that 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)(ca) of the 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-

(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);