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ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


Driving - Drink Driving Offences - VIC
Welcome to the VIC Refuse to give blood or urine sample - drink driving article page. Everything you need to know about Refuse to give blood or urine sample - drink driving according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Refuse to give blood or urine sample - drink driving

According to VIC Law for the charge of Refuse to give blood or urine sample - drink driving,

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she- 

(ea) refuses to comply with a requirement made under section 55B(1);

The Maximum Penalty - Refuse to give blood or urine sample - drink driving

According to VIC Law for the charge of Refuse to give blood or urine sample - drink driving,

First offence: 12 penalty units

Second offence: 12 months / 120 penalty units

Subsequent offence: 18 months / 180 penalty units

What the Police must prove according to VIC Law for Refuse to give blood or urine sample - drink driving

(a) The accused refused to give a blood or urine sample.

Possible Defences under VIC Law - Refuse to give blood or urine sample - drink driving

(a) Factual dispute.

(b) A sample of blood had already been taken from person for the purposes of section 55.

In VIC which court will hear the matter - Refuse to give blood or urine sample - drink driving

Magistrates' Court.
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