Refuse to Give Blood or Urine Sample

Refuse to Give Blood or Urine Sample (Drink Driving)

The charge of refusing to give blood or a urine sample is an offence that is frequently heard in the Magistrates Court.

The circumstances where this charge would be laid is where a person refuses to give a blood or urine sample.

To prove this charge the Police must establish that the accused refused to give a blood or urine sample.

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 to Provide a Blood or Urine Sample, you should call us to discuss your case and your options.

Defending a charge of refusing to give a sample may entail a dispute of the facts that are being alleged or that a sample of blood had already been taken from the person for the purposes of section 55.

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)(b) 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-

(ea) refuses to comply with a requirement made under section 55B(1);