Driving – Drink Driving Offences – VIC

Welcome to the VIC Refuse breath test – drink driving article page. Everything you need to know about Refuse breath test – drink driving according to VIC law.

What the Law States according to VIC Law for Refuse breath test – drink driving

According to VIC Law for the charge of Refuse breath test – drink driving,

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-

(c) refuses to undergo a preliminary breath test in accordance with section 53 when required under that section to do so; or

(1A) A person may be convicted or found guilty of an offence under paragraph (c) subsection (1) even if-

(a) in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement;

The Maximum Penalty – Refuse breath test – drink driving

According to VIC Law for the charge of Refuse breath test – drink driving,

First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units

What the Police must prove according to VIC Law for Refuse breath test – drink driving

(a) The accused refused to undergo a preliminary breath test when required to do so.

Possible Defences under VIC Law – Refuse breath test – drink driving

(a) Factual dispute.
(b) When the person was asked to undergo a preliminary breath test, more than 3 hours had passed since the person last drove, was an occupant of or was in charge of a motor vehicle.

In VIC which court will hear the matter – Refuse breath test – drink driving

Magistrates’ Court

Street Names

Drug driving, driving under influence of drugs

Notes

Also see – Refuse breath test – drink driving

 

Date: 09/01/2009