Driving – Drink Driving Offences – VIC

Welcome to the VIC Refuse to provide oral fluid – drink driving article page. Everything you need to know about Refuse to provide oral fluid – drink driving according to VIC law.

What the Law States according to VIC Law for Refuse to provide oral fluid – drink driving

According to VIC Law for the charge of Refuse to provide oral fluid – drink driving,

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;

The Maximum Penalty – Refuse to provide oral fluid – drink driving

According to VIC Law for the charge of Refuse to provide oral fluid – drink driving,

First offence: 12 penalty units
Second offence: 60 penalty units
Subsequent offence: 120 penalty units

What the Police must prove according to VIC Law for Refuse to provide oral fluid – drink driving

(a) The accused refused to provide oral fluid.
(b) The accused refused to comply with any other requiremend made under section 55D or 55E.

Possible Defences under VIC Law – Refuse to provide oral fluid – drink driving

(a) Factual dispute
(b) When the accused was asked to undergo a preliminary oral fluid 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 to provide oral fluid – drink driving

Magistrates’ Court

Notes

Also see – Refuse to provide oral fluid – drink driving

 

Date: 09/01/2009