Not giving a breath sample

Discuss low, medium and high range drink driving penalties, laws, charges and fines.

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Not giving a breath sample

Postby Chester » September 8th, 2011, 11:08 am

If you're pulled over for a random breath test, and you've had a few drinks, is it better to refuse to give a breath sample? Is the fine for refusing to give a breath sample better then losing your licence for drink driving?
Chester
 
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Joined: September 8th, 2011, 11:02 am

Re: Not giving a breath sample

Postby Bobby » September 9th, 2011, 10:23 am

I thought about that as well when I got caught. The cops said i would lose my licence for 4 years.
Bobby
 
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Joined: September 1st, 2011, 12:29 pm

Re: Not giving a breath sample

Postby NSW lawyer » September 9th, 2011, 11:24 am

In NSW, if you refuse the breath test you will be arrested and taken back to a police station. If you refuse again at the station you will be charged with refuse breath analysis (drink driving). The penalties for refuse breath analysis are the same for High range PCA. So it is not a real good idea in NSW. I am sure the other states are likely to be the same.
Andrew Tiedt | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/page/Traffic_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
NSW lawyer
 
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Re: Not giving a breath sample

Postby QLD Lawyer » September 9th, 2011, 5:46 pm

Hi Chester,

In Queensland you're breath-tested at the roadside and then on a larger machine. It is an offence to fail to provide a sample on either occasion. Failure to provide a sample on the larger device will see a person dealt with by the Court as if the had a reading of 0.15%.

That is certainly not a risk to take.
QLD Lawyer
 
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Re: Not giving a breath sample

Postby Chester » September 13th, 2011, 12:34 pm

Just a quick note to thank everyone for their replies. I suppose faking a prolonged coughing fit probably wont work...might buy some time though?
Chester
 
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Joined: September 8th, 2011, 11:02 am

Re: Not giving a breath sample

Postby bobby123 » September 29th, 2011, 11:01 am

Pretending you don't speak English or unable to count to 10 will also not work.
bobby123
 
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Joined: September 23rd, 2011, 9:38 am


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