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
Contact us today on 0421 700 497 for a free initial consultation.
