Can I Refuse a Breath Test? Generally the answer is no, however, in law there are always exceptions. If you are able to satisfy the Court that you were unable on medical grounds, that would be a defence to the charge. The police are not able to demand a breath test if you are at home. If the police do so, they are acting unlawfully with the reading being most likely excluded from Court, and the offence dismissed. The police also cannot insist on a breath test if you have not been driving for 2 hrs or more. If you are charged with “Refuse Breath Test”, and subsequently found guilty, the penalties are the same as being caught High Range Drink Driving. The penalty can range from a dismissal which would be very rare, to 18 months in prison, which would also be somewhat rare. Whilst jail is possible, it is generally the case that you would need a significant criminal history, or a serious aggravating factor to receive a custodial sentence. The automatic disqualification period is 3 years. This is when you need to “put your best foot forward” and make submissions to the Magistrate as to why you should receive a lesser penalty. The minimum you can get is 12 months. The maximum fine amount is $3,300.00. Again, time to submit to the Magistrate that the penalty deserved should be below this amount.
Posted on: Tue, 10 Sep 2013 07:03:38 +0000
Trending Topics
Recently Viewed Topics
© 2015