What does the law state? – Drink driving (Refuse to provide oral fluid)
Original article located at: Refuse to provide Oral Fluid – Drink Driving on Drink Driving Lawyers website or visit their Criminal lawyers website
Driving under the influence means to operate any motorised machinery after consuming alcohol or other drugs. DUI is the term used for driving under the influence and can also be referred to as any of the following terms: driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink driving, impaired driving. Operating a motor vehicle whilst being under the influence of alcohol or drugs is illegal.
The most significant cause of car accidents in Australia is drink driving. No-one drives quite as well after drinking alcohol, and you don’t have to be drunk to be affected. Some people may seem to be unffected by alcohol this might not be the case as alcohol is a depressant drug that affects most areas of the brain.
Road Safety Act 1986 – SECT 49
Offences that involve alcohol or other drugs
49. Offences involving alcohol or other drugs
(eb) When required an oral fluid sample was refused in accordance with section 55D or 55E and refused to comply with any other requirement made under that section;
Maximum Penalty in Victoria
1st offence- 12 penalty units
2nd offence- 60 penalty units
Subsequent offence- 120 penalty units
Drink driving – What must the prosecution prove? – Victoria (Refusing to provide oral fluid)
(a) An oral fluid sample was refused by the accused.
(b) The requirements made under section 55D or 55E were refused by the accused.
Drink driving Possible Defences – Refuse to provide oral fluid
(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 lase drove, was a passenger or was in charge of a motorised vehicle.
Which court will hear the charge? – Refuse to provide oral fluid (Drink Driving)
Magistrates’ Court.
