Refuse to Provide Further Sample (Drink Driving)

The charge of refusing to provide a further 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 provide a further breath test sample.

Essentially, to prove this charge, the Police must establish that the accused refused to provide a further breath test 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 Further Sample, you should call us to discuss your case and your options.

Defending a charge of refusing to provide further sample may entail a dispute of the facts that are being alleged.

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)(e) 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-

(e) refuses to comply with a requirement made under section 55(1), (2), (2AA), (2A) or (9A);