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Not giving a breath sample

PostPosted: September 8th, 2011, 11:08 am
by Chester
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?

Re: Not giving a breath sample

PostPosted: September 9th, 2011, 10:23 am
by Bobby
I thought about that as well when I got caught. The cops said i would lose my licence for 4 years.

Re: Not giving a breath sample

PostPosted: September 9th, 2011, 11:24 am
by NSW lawyer
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.

Re: Not giving a breath sample

PostPosted: September 9th, 2011, 5:46 pm
by QLD Lawyer
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.

Re: Not giving a breath sample

PostPosted: September 13th, 2011, 12:34 pm
by Chester
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?

Re: Not giving a breath sample

PostPosted: September 29th, 2011, 11:01 am
by bobby123
Pretending you don't speak English or unable to count to 10 will also not work.