This article will discuss the implications of refusing to take a roadside breath test in South Australia, including the offence itself, police procedures, the type of charges, court processes, possible penalties, consequences of conviction, and possible defences.

Driving under the influence of alcohol is a serious offence in South Australia and law enforcement officials actively enforce drink driving laws to ensure road safety. One of the key tools used by the police is the roadside breath test.

The Offence for refusing to take a roadside breath test

In South Australia, it is a legal requirement for drivers to submit to a preliminary breath test if requested by a police officer. Refusing to take a roadside breath test is considered a separate offence under the Road Traffic Act 1961.

What Will The Police Do?

If a driver refuses to submit to a roadside breath test when requested by a police officer, they may be arrested and taken to a police station where they can be required to submit to a breath analysis or a blood test. If the driver refuses to submit to a breath analysis or blood test at the police station, they can be charged with refusing to submit to a breath analysis or blood test.

Type of Charges to refusing a breath test in South Australia

There are two main charges related to refusing a breath test in South Australia:

1. Refusing a Preliminary Breath Test: Refusing to submit to a preliminary breath test at the roadside.
2. Refusing a Breath Analysis or Blood Test: Refusing to submit to a breath analysis or blood test at the police station.

Court Process

1. First Appearance: The offender will first appear before a magistrate in the Magistrates Court. During this appearance, the offender will be asked to enter a plea of either guilty or not guilty. If a guilty plea is entered, the court may proceed to sentencing. If a not guilty plea is entered, the matter will be scheduled for trial.
2. Trial: During the trial, the prosecution and defence will present their cases. The prosecution must prove beyond a reasonable doubt that the offender refused to submit to a breath test or breath analysis or blood test. The defence will present evidence or arguments to refute the prosecution’s case or to mitigate the offender’s actions.
3. Verdict: After hearing all the evidence, the magistrate or judge will deliver a verdict of either guilty or not guilty.
4. Sentencing: If the offender is found guilty, the court will proceed to sentencing. The sentence may vary depending on the severity of the offence, the offender’s driving history, and any other mitigating or aggravating factors.

Possible Penalties for refusing a breath test in South Australia

The penalties for refusing a breath test in South Australia vary depending on the nature and severity of the offence. Penalties may include:

1. Fine: A monetary penalty imposed by the court.
2. Demerit Points: Points added to the offender’s driving record. Accumulating too many demerit points can lead to license suspension.
3. License Disqualification: The offender’s driver’s license is disqualified for a specified period.
4. Imprisonment: A term of imprisonment, either suspended or immediate.

Consequences of Conviction

A conviction for refusing a breath test can have long-lasting consequences, including:

1. Criminal Record: A conviction for refusing a breath test will appear on the offender’s criminal record.
2. Increased Insurance Premiums: A conviction for refusing a breath test may lead to increased insurance premiums.
3. Loss of Employment: Some employers may terminate employment or not hire someone with a conviction for refusing a breath test.
4. Ineligibility for Certain Jobs: Some jobs may be unavailable to individuals with a conviction for refusing a breath test, such as jobs that require a clean driving record.

Possible Defences

There are several possible defences to charges of refusing a breath test, including:

1. Necessity: The offender was forced to refuse the test due to an emergency situation.
2. Duress: The offender was forced to refuse the test under threat of harm.
3. Incorrect Procedure: The police did not follow the correct procedures when requesting the breath test.

Conclusion

Refusing a roadside breath test in South Australia is a serious offence with significant consequences. Understanding the offence, police procedures, court processes, and potential consequences is crucial for anyone facing charges related to refusing a breath test. It is always recommended to seek legal advice to navigate the legal system effectively and ensure your rights are protected.