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Refuse Breath Analysis Test

A police officer may stop a vehicle whose driver they think is driving under the influence of alcohol.They may right then and there ask for a breath sample.

The driver is absolutely required to comply. Once the alcohol level is confirmed the license of the driver is automatically suspended. 

The road-side breath test reading is difficult to contest because the breath sample is taken immediately after the driver has been stopped from driving. On the other hand, there might be a chance to contest the accuracy of the BAC reading if the breath sample is taken in the police station because breath samples taken two hours after driving cannot necessarily support a drink driving charge.

In Queensland, the police can stop any vehicle at random in order to check the driver’s blood alcohol concentration level. The police can order the driver to give a breath sample so it can be analysed at the roadside. Some drivers who are drunk quite often resist the order to give a breath sample. Others refuse because they believe that it is their right to refuse to give a breath sample.

Do not resist the police when they require you to give a breath sample to be analysed for the presence and concentration of blood alcohol. To resist is to be charged with a serious traffic offence of refusing to give a breath sample. This is penalized under section 80(5A) of the Transport Operations (Road Use Management) Act. The penalty is payment of a fine amounting to $4,000 or imprisonment for a term of six months.

There are actually two types of charges for refusal to have a breath analysis. The first and less serious charge is refusal to participate in a road-side breath test. The second and more serious charge is for refusing to provide a breath sample for the bench-top breathalyser unit.

Drink driving offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment.

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