Criminal Lawyers Melbourne
Criminal Law Specialist Melbourne, Heidelberg & Broadmeadows.

Criminal Defence Lawyers - Doogue and O'Brien

What is the penalty for refusing a breath test?

Refuse breath test penalties are listed below. The penalties for refusing a breath test or refusing a drug test are all contained in the Road Safety Act. This is just a guide for your assistance about the penalties for refusing a breath test.

If you have been charged by the Police with a refusal offence (refuse breath test, refuse drug test, refuse to stop, refuse to provide a further sample, refuse to give blood) it is important that you discuss your case with a lawyer who specializes in these matters. Please call us on (03) 9670 5111 for an initial free telephone consultation if you have been charged with refusing a breath test or other refusal offences.

 

Offences - s49(1)

Penalty – s49

Cancellation and Interlock – s50, s50AAA, s50AAB

 

1 st Offence

2 nd Offence

3 rd and Subsequent Offences

1 st Offence

2 nd Offence

(c) refuse breath test

 

(ca) refuse drug test

 

(d) refuse to stop

 

(e) refuse to provide further sample

 

(ea) refuse to give blood

 

Fine of 12 Penalty Units

Fine of 120 Penalty Units or up to 12 months imprisonment

Fine of 180 Penalty Units or up to 18 months imprisonment

The Court must cancel for at least 2 years

 

The Court must impose an interlock for at least 6 months

The Court must cancel for at least 4 years

 

The Court must impose an interlock for at least 4 years

(eb) refuse to provide oral fluid

Fine of 12 Penalty Units

Fine of 60 Penalty Units

Fine of 120 Penalty Units

The Court must cancel for at least 6 months

The Court must cancel for at least 12 months

 

 

What is the penalty for refusing a breath test?

 

 

 

 

 

 

 
 
 

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