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NSW Drink Driving Arrest - Outcome If I Refused Second Breath Analysis?

Discussion in 'Traffic Law Forum' started by James5, 20 December 2014.

  1. James5

    James5 Member

    20 December 2014
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    Hi. I got arrested for drink driving. They asked me to blow a first time which I did, then the police officer said I was not sober and they brought me to their office.
    At the police station they asked me to blow a second time, however 30 min went by between my first blow and their second request for the breath analysis.
    Therefore I refused because I knew that my blood alcohol level had increased, I told them « it is unfair to ask me to blow a second time 30min later, I knew I got few drinks but my house was really near and I decided to go back home before that my blood alcohol level gets too high. I was expected to be sleeping in my bed at this moment, so you can use the first breath analysis but I am not going to blow another time ».
    Consequently I will have to attend the court for the offence « refusing to submit to breath analysis ».

    (My friend told me that the first breath analysis was not official/legal, thats why they asked to blow another time)

    Do you have an idea about the likely outcome ?
  2. lawanswers

    lawanswers Moderator
    Staff Member

    6 April 2014
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    From Twitter:
  3. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi James,

    The police are entitled to request you take a second breath test (or blood/urine test) if the first test shows you are above the allowed limit. You must conduct with the second test unless it has been 4 hours since you last drove. If you refuse, you commit and offence and may be liable for a fine (up to $3,300) or imprisonment.
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

    21 January 2015
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    Hi James,

    The only breath test that the Police can use is the test that is conducted at the police station (or mobile RBT set-up). The roadside test is an indicative test only. So, if you refused to take the breath test at the station then you will be charged with an offence of failing to take the test. This charge is the same as if you were charged with High Range Drink Driving.

  5. Phildo

    Phildo Well-Known Member

    1 November 2014
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    Bad news there - the laws in each state tend to assume that you are well over the limit if you refuse any form of blood/alcohol test.

    Ideally, police would have advised you of the penalty at the time.

    With testing, results will usually be modified to allow for the recent consumption of alcohol.

    It will possibly be defined in state legislation what the time limits are on testing - you'll need to find the relevant Act and have a look through it.

    A court conviction for this will also have a huge affect on future car insurance - you'll most likely be denied coverage by almost all insurers.

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