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Refusing breath test

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defense the better.

Do not be tempted to forget about it and hope it will go away, It Won’t!!!

Refusing breath test offence

A person commits an offence if they fail to provide a specimen of breath, blood or urine without reasonable excuse after (having driven) or attempted to drive.

Road Traffic Act 1988 s7 (6)

This offence usually relates to the motorist who has provided a positive preliminary test (roadside breath test) and has been taken back to the police station to provide a further specimen for evidential purposes and fails to do so.

It should be noted that merely blowing into the machine does not in itself constitute providing a breath specimen for analysis.  This will not be done by a person unless sufficient breath is provided for the analysis to be carried out.  An ineffectual weak blowing into the machine may be regarded as failing to provide a specimen by the police.

There is however circumstances when a person can successfully argue that the police did not carry out correct procedures or in all the circumstances the failure to provide a specimen for analysis was with reasonable excuse. If charged with this you will need the assistance of a specialist drink driving lawyer.

Refusing breath test penalty

The maximum penalty for refusing to provide a specimen for analysis is a fine of up to $5000 and/or up to 6 months imprisonment.  There is a mandatory driving ban of at least 12 months, although if the courts believe you failed to provide a specimen because you were trying to avoid a ban for drunk driving, this could be longer.

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