Driving – Drink Driving Offences – VIC

Welcome to the VIC Refuse to give blood or urine sample – drink driving article page. Everything you need to know about Refuse to give blood or urine sample – drink driving according to VIC law.

What the Law States according to VIC Law for Refuse to give blood or urine sample – drink driving

According to VIC Law for the charge of Refuse to give blood or urine sample – 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-

(ea) refuses to comply with a requirement made under section 55B(1);

The Maximum Penalty – Refuse to give blood or urine sample – drink driving

According to VIC Law for the charge of Refuse to give blood or urine sample – 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 to give blood or urine sample – drink driving

(a) The accused refused to give a blood or urine sample.

Possible Defences under VIC Law – Refuse to give blood or urine sample – drink driving

(a) Factual dispute
(b) A sample of blood had already been taken from person for the purposes of section 55.

In VIC which court will hear the matter – Refuse to give blood or urine sample – drink driving

Magistrates’ Court

Notes

Also see – Refuse to give blood or urine sample – drink driving

 

Date: 09/01/2009