Drink Driving Archives -

Refuse or Fail Breath Analysis

Refuse or fail breath analysis carries similar penalties to drink driving. Therefore, a criminal conviction and loss of licence can result. Our experienced traffic lawyers are here to help you get the best possible outcome.

What is Refusing or Failing a Breath Analysis?

If you fail or refuse a road side breath test, you’ll be required to undergo a breath analysis. This will usually be in an RBT van or at the closest police station.

If you fail this second test, or you’re unable to provide an adequate sample, you will be charged with this offence.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. In other words, 9 months disqualification.

However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period, which is 6 months.

Can I avoid a criminal record?

A court will likely convict you for the offence. Avoiding a criminal record for this offence is rare, due to the serious penalties that can be imposed.

A conditional release order with conviction or a community corrections order are common for this charge.

https://wcolawyers.com.au/no-conviction-refusing-breath-analysis/

Will I go to jail?

The maximum penalty for a first offence is 18 months imprisonment. As a result, it is possible to go to jail.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, or if more than 2 hours had passed since you were pulled over or had an accident.

We can help

Our commitment is to provide quality advice and legal representation.

Refuse or Fail Breath Test

Refuse or fail breath test is a fine only offence. As a result, you won’t go to jail and you won’t lose your licence. However, you can be convicted of the charge and the court can impose a large fine. For more information, read our article below, or call us for free advice.

What is Refusing or Failing a Breath Test?

The offence occurs when police pull you over to breath test you for drink driving. You can be charged if you either refuse to do the test, or you’re unable to provide a sufficient sample.

Will I lose my licence?

This offence does not carry a disqualification period. Therefore, you will not lose your licence.

However, the Court does have a general discretion to disqualify you if you are convicted. But this is rare.

Can I avoid a criminal record?

A court will most likely convict you for the offence.

However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors for your sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
And your personal circumstances.

Will I go to Jail?

No, you can’t go to jail for this offence.

The maximum penalty is a fine of $1,100.

Can I defend the charge?

Yes. It’s a defence if you were unable to submit to the assessment due to medical grounds, if you were on your property at the time that the police asked you to provide a sample, or more than two hours passed since you were pulled over or had an accident.

We can help

Our lawyers are experts in representing offenders charged with traffic offences. Our commitment is to provide quality legal representation.

Refuse to Provide a Blood or Urine Sample

If you’ve been charged with refuse to provide a blood or urine sample, we’re here to help. Our commitment is to help you obtain the best possible outcome for your case.

Will I get a criminal record for refuse to provide a sample?

It’s difficult to avoid a criminal record. However, a conviction can be avoided if you receive a conditional release order without conviction.

The court will consider a range of factors for your sentence. For example:

The circumstances of the offence
Your criminal history
Your traffic history
Completion of the Traffic Offenders Program
And your personal circumstances.

Although a non conviction is possible, a conditional release order with conviction or a community corrections order are common for this charge.

Will I lose my licence?

A conviction will result in loss of licence.

Generally, the automatic disqualification period will apply. However, certain factors can reduce the time spent off the road. For example, your need to drive, or completing the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Refusing to Provide a Urine or Blood Sample

The penalties vary depending on whether the charge is a first offence, or a second or subsequent offence.

First Offence

Maximum fine of $3,300
Automatic disqualification period of 3 years
Minimum disqualification period of 6 months
Interlock order made: the disqualification period will be between 6 and 9 months, and the minimum interlock period is 24 months

Second Offence

Maximum fine of $5,500
Maximum term of imprisonment of 18 months
Automatic disqualification period of 5 years
Minimum disqualification period of 12 months
Interlock order made: the disqualification will be between 9 and 12 months, and the minimum interlock period is 48 months

If the offence occurs following a fatal accident, the penalty increases. As a result, the maximum jail term is 18 months for a first offence. For a second or subsequent offence, it is 2 years.

We can help

Our lawyers are experts in representing offenders charged with traffic offences.

We can help you:

Defend the charge
Negotiate the facts with police
Or, if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court

High Range PCA

High range drink driving refers to a blood alcohol reading above 0.15. If you’ve been charged with High Range PCA, our experienced traffic lawyers are here to help. We’ve answered some common questions below, or you can call us for a free initial consultation.

Will I have to go to court?

Police will give you a court attendance notice after your positive prescribed concentration of alcohol reading. Therefore, you’re required to appear before a magistrate.

Will I lose my licence for High Range Drink Driving?

Most offenders charged with high range drink driving will have their licence disqualified by a court. However, it is possible to avoid this if you receive a non conviction. This will result in a conditional release order without conviction being imposed. However, this outcome is very rare.

Will I go to jail?

It is possible to go to jail for high range drink driving. The risk increases if there are a number of aggravating features, such as:

A collision
Passengers
Prior drink driving convictions

However, the are alternative sentence options. For example, an intensive corrections order or a community corrections order.

High Range PCA Penalty

First Offence

The maximum penalty is 18 months imprisonment, and/or a fine of $3,300. Your licence can be disqualified for 6 to 9 months. In addition, an interlock order will be made for 24 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Second or Subsequent Offence

If it is a second or subsequent offence, the maximum penalty is 2 years imprisonment, and/or a fine of $5,500. Your licence can be disqualified for 9 to 12 months. In addition, an interlock order will be made for 48 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Can I appeal my licence suspension issued by police?

Yes, you can appeal the immediate licence suspension issued by police.

How long will high range drink driving stay on my record for?

How long will a drink driving conviction stay on my record?

Regardless of whether or not you are convicted, a high range drink driving offence will always appear on your traffic history.

A conviction for high range will also appear on your criminal record for 10 years. After 10 years, the conviction will become spent.

We can help

Our lawyers are committed to your case. We can help you appeal your licence suspension. If pleading guilty, we will work with you to prepare strong a strong case in order to seek leniency from the court.

Mid Range PCA

Mid range drink driving refers to a blood alcohol reading above 0.08 and up to 0.149. If you’ve been charged with Mid Range PCA, your licence will usually be suspended and you’ll be required to attend court.

Our trusted drink driving lawyers are experts in preparing and presenting your case in court. For example, read about our Past Cases for mid range drink driving, where our clients received no conviction and no disqualification.

Will I have to go to court?

Police will give you a court attendance notice after your positive prescribed concentration of alcohol reading. Therefore, you’re required to appear before a magistrate.

Will I lose my licence for mid range drink driving?

Most offenders charged with mid range drink driving will have their licence disqualified by a court. However, it is possible to avoid this, if you receive a non conviction (known as a section 10).

Will I go to jail?

It is possible to go to jail for mid range drink driving. However, most offenders will not go to jail.

Mid Range PCA Penalty

First Offence

The maximum penalty is 9 months imprisonment, and/or a fine of $2,200. Your licence can be disqualified for 3 to 6 months. In addition, an interlock order will be made for 12 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Second or Subsequent Offence

If it is a second or subsequent offence, the maximum penalty is 12 months imprisonment, and/or a fine of $3,300. Your licence can be disqualified for 6 to 9 months. In addition, an interlock order will be made for 24 months.

However, it is possible to get an interlock order exemption. If this occurs, the disqualification period will increase.

Can I appeal my licence suspension issued by police?

Yes, you can appeal the immediate licence suspension issued by police.

How long will a drink driving conviction stay on my record?

Regardless of whether or not you are convicted, a drink driving offence will always appear on your traffic history.

A conviction for drink driving will also appear on your criminal record for 10 years. After 10 years, the conviction will become spent.

We can help

Low Range PCA

Low Range PCA refers to a blood alcohol reading above 0.05 and up to 0.079. However, you may not have to attend court if you are charged with this offence.

Will I lose my licence for low range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

If you are given a court attendance notice, then a magistrate can impose a licence disqualification period of up to 6 months. However, it is possible to avoid losing your licence if you are sentenced to a conditional release order without conviction.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for this offence.

You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

If you receive an infringement notice you do not have to go to court. However, you have the option of going to court by electing the infringement. As a result, your matter will be determined by a court. You can ask the magistrate for a non conviction.

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Low Range PCA Penalty

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200, and disqualify your licence for a maximum of 6 months, or a minimum of 3 months.

However, it’s possible to avoid a conviction if you receive a conditional release order.

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

Our traffic lawyers are committed to providing you with first class legal representation and advice.

Special Range PCA

Special Range PCA refers to a blood alcohol reading above 0.02 and up to 0.049. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for special range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence.

You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Special Range PCA Penalty

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200, and disqualify your licence for a maximum of 6 months, or a minimum of 3 months. However, it’s possible to avoid a conviction if you receive a conditional release order.

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

We can help you:

Defend the charge
Negotiate the facts with police
Appeal your licence suspension
Or, if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court and avoid losing your licence.

Special Range PCA Read More »

Novice Range PCA

Novice Range PCA refers to a blood alcohol reading above 0.00 and up to 0.019. It can only be committed by:

A provisional driver (P1 or P2), or
A person driving without a valid licence. For example, a suspended or disqualified driver.

Will I lose my licence for novice range drink driving?

If it is a first offence, police can suspend your licence on the spot for 3 months. In addition, you’ll receive a fine. It is possible to appeal this suspension.

If police don’t suspend your licence, the RMS will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension.

Will I have to go to court?

The police have an option of issuing you an infringement notice or a court attendance notice for the offence. You only need to attend court if you receive a court attendance notice.

Infringement Notice Received

Court Attendance Notice Received

If you receive a court attendance notice, you must attend court.

Novice Range PCA Penalty

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months.

We can help

Our lawyers are experts in representing offenders charged with drink driving.

Drink Driving

What is Refusing or Failing a Breath Analysis?

Will I lose my licence?

Can I avoid a criminal record?

Will I go to jail?

Can I defend the charge?

We can help

We're here to help

What is Refusing or Failing a Breath Test?

Will I lose my licence?

Can I avoid a criminal record?

Will I go to Jail?

Can I defend the charge?

We can help

We're here to help

Will I get a criminal record for refuse to provide a sample?

Will I lose my licence?

Penalty for Refusing to Provide a Urine or Blood Sample

We can help

We're here to help

Will I have to go to court?

Will I lose my licence for High Range Drink Driving?

Will I go to jail?

High Range PCA Penalty

First Offence

Second or Subsequent Offence

Can I appeal my licence suspension issued by police?

How long will high range drink driving stay on my record for?

How long will a drink driving conviction stay on my record?

We can help

We're here to help

Will I have to go to court?

Will I lose my licence for mid range drink driving?

Will I go to jail?

Mid Range PCA Penalty

First Offence

Second or Subsequent Offence

Can I appeal my licence suspension issued by police?

How long will a drink driving conviction stay on my record?

We can help

We're here to help

Will I lose my licence for low range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Low Range PCA Penalty

We can help

We're here to help

Will I lose my licence for special range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Special Range PCA Penalty

We can help

Will I lose my licence for novice range drink driving?

Will I have to go to court?

Infringement Notice Received

Court Attendance Notice Received

Novice Range PCA Penalty

We can help

We're here to help