Refuse to Provide Oral Fluid

The charge of Refuse to Provide Oral Fluid 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 oral fluid.

Essentially, to prove this charge, the Police must establish that the accused refused to provide oral fluid or refused to comply with any other requirement made under section 55D or 55E.

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 Oral fluid, you should call us to discuss your case and your options.

Defending a charge of refusing to provide oral fluid may entail a dispute of the facts that are being alleged; or that when the accused was asked to undergo a preliminary oral fluid test, more than 3 hours had passed since the person last drove; or whether the accused 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)(E)(b) of Road Safety Act 1986.

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;