Have you been charged with a refuse breath analysis offence?
We can assist you.
If you have received a court attendance notice and are required to attend court soon, speak to one of our drink driving lawyers. We understand how important it can be to minimise the time you may lose your licence for and we will attend court with you to attempt to have the period of disqualification reduced.
What is a refuse breath analysis charge?
This offence is committed when a person is required to submit a breath analysis and refuses to do so or fails to give a sufficient sample.
What are the penalties that can be imposed for a refuse breath analysis charge?
If you are convicted of this offence, the same penalties that apply to high range drink driving DUI can apply:
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Penalties
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First Offence
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Second or subsequent offence
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Maximum fine
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$3,300
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$5,500
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Maximum gaol term
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18 months
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2 years
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Minimum disqualification
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12 months
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2 years
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Maximum disqualification
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Unlimited
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Unlimited
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Automatic disqualification
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3 years
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5 years
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Can I defend this charge?
There are a number of defences which may be available to you. They include:
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You were not driving a motor vehicle.
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You could not submit to a breath analysis because of medical reasons.
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Legal procedural requirements were not met by the Police.
How can Prime Lawyers help me?
Our traffic lawyers are extremely experienced in dealing with drink driving DUI matters and the charge of refuse breath analysis. We will first see you for a conference and take a detailed statement from you in relation to factors such as why you need your licence and how the loss of your licence may impact your life and also how a criminal conviction may impact you. We will also guide you in relation to getting appropriate character references. It may also be beneficial to you to attend the traffic education program and we will discuss this with you.
Contact us now on (02) 9521 2222 to speak with one of our drink driving lawyers. You can also send your enquiry online and we will call you.